Hagan v. Deuell & Vaughan
Supreme Court of Arkansas
Appeal from, Pulaski Circuit Cov/rt. Hon. LibeRtt Bartlett, Circuit Judge. The action of replevin lies in favor of any one having the right of possession; but there shall be no cross replevin, nor for property in the possession of an officer by virtue of any legal authority. In this case there was no cross-replevin, the plaintiff being a stranger to the other suit. See opinion of Piatt J. in Ciarle vs. Skinner, 20 John. 466, and cases cited.
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Appeal from, Pulaski Circuit Cov/rt. Hon. LibeRtt Bartlett, Circuit Judge. The action of replevin lies in favor of any one having the right of possession; but there shall be no cross replevin, nor for property in the possession of an officer by virtue of any legal authority. In this case there was no cross-replevin, the plaintiff being a stranger to the other suit. See opinion of Piatt J. in Ciarle vs. Skinner, 20 John. 466, and cases cited. If the appellees had a meritorious case their proper proceeding, before the return of the writ, was by petition for supersedeas: pr a trial of the right…
1Opinion of the CourtJustice ComptoN
The facts necessary to an understanding of the questions that arise in this case, may be briefly stated as follows:
Hagan, the appellant, filed in the Pulaski circuit court, in term time, his declaration in replevin against the appellees, Deuell & Vaughan, and a writ, returnable to the next term of the court, was issued thereon and played in the hands of the sheriff, who, in obedience to the writ, replevied the property mentioned in the declaration and delivered it to Hagan. Subsequently, at the same term of the court, and before the writ had been returned, Deuell &'Vaughan moved the court to…
2Cases cited1 opinion
- Shaw v. LevySupreme Court of Pennsylvania · 1827
3Cited by8 opinions
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- Brenard Manufacturing Company v. PateSupreme Court of Arkansas · 1928
- Coen v. WatkinsMissouri Court of Appeals · 1895
- Sanders v. RogersAlabama Court of Appeals · 1917
- Shaide v. BrynjelfsonNorth Dakota Supreme Court · 1951
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