Hickman-Williams Agency v. Haney

This is an action in replevin brought by the plaintiff to recover possession of a 1940 Oldsmobile sedan from E. L. Haney, defendant, who claims the right of possession by virtue of an artisan’s lien as provided for in section 52-201, R. S. 1943. Possession of the automobile in question was not obtained by the plaintiff under its writ of replevin, and the action proceeded as one for damages under section 25-10,106, R. R. S. 1943, which provides in part as follows: “When the property claimed has not been taken, * * * the action may proceed as one for damages only, and the plaintiff shall be…