Staunton v. Smith

Spruance, J.,

charging the jury:

Gentlemen of the jury:—This is an action of replevin brought by the plaintiff, James E. Staunton, against the defendant, Jacob W. Smith, for the recovery of the possession of one sorrel horse and one gray horse, which the plaintiff alleges the defendant unlawfully took from him before the writ of replevin in this action was issued.

It appears from the return of the sheriff—endorsed on said writ, and not denied—that under said writ, he replevied both of the said horses, and that he delivered one of them, the sorrel, *194to the plaintiff, and that he left the other,…