Street v. Morgan

The opinion of the court was delivered by

Johnston, J.:

This was an action of replevin brought by A. W. Morgan against J. W. Street to recover the possession of cattle alleged to have been wrongfully taken and detained by the latter. The answer of Street was a general denial; and he also averred that he was the owner and entitled to the possession of the cattle ; and that in an action of replevin previously brought by him, the cattle, with others, were taken and delivered to him, which action was still pending. No reply was filed by the plaintiff, and the defendant, without avail, insisted that…