Gidday v. Witherspoon

Cooley, Ch. J.:

This was an action of replevin in which the defendant’s claim to the property, such as it was, was derived exclusively under a levy which he had not so far completed as to take possession of the property. The plaintiff appears to have failed in the suit because the property was in his own possession when he sued out his writ. Thereupon the court proceeded to render judgment against the plaintiff for costs, and also for a return of the property to the defendant in order that he might complete his levy.

This judgment for a return was erroneous. The statute requires a lien or…