White v. Sheffield & Tuscumbia Street Railway Co.

STONE, O. J.

The appellee brought suit against the East Tennessee, Virginia and Georgia Railroad Company, for the recovery of “one dummy-engine of the value of two thousand dollars, with the value or hire thereof during the detention.” The suit was instituted under our statute — Code of 1876, § 2942; Code of 1886, § 2717 — which is a substitute for the common-law action of detinue. Under the statutory action, if affidavit be made and bond given as the statute requires, the sheriff is commanded to take the property into possession; and under such order, the sheriff did in this case take the…