Phelps v. Owens

Terry, C. J., and Field, J., concurring.

This was an action of trespass—or in the nature of such an action —brought by plaintiff, Phelps, against defendants, for wrongfully and unlawfully taking away certain goods and converting them to their own use. The complaint further alleges that at the time of this taking and conversion, the plaintiff was a merchant and doing a prosperous business; that the goods constituted nearly all his stock in trade, and that the taking of the goods has thrown him out of business, and nearly ruined his fortunes.

To this complaint defendants demurred, assigning…