Johnson v. Mocabee

The opinion of the court was delivered by

CLARK, J.

On the 20th day of March, 1891, the plaintiff in error, Johnson, commenced an action of replevin against the defendant, Mocabee, to recover the possession of seven horses and one mule. The defendant answered, setting up as a defense, that said live stock was destrained while trespassing and doing damage on his premises, and that he held the same for the purpose of securing the payment of damage done by said stock and the costs of the keeping of said stock and of appraising the damages.

To the answer, the plaintiff demurred on the ground that…