Chinn v. Russell
Indiana Supreme Court
APPEAL from the Marion Circuit Court.—Replevin by W.S. Chinn against A. W. Russell. The defendant filed two avowries and one plea. The plaintiff pleaded to the avowries and replied to the plea. Demurrer to the plaintiff’s pleas, and issue on his replication. Judgment on the demurrer for the defendant.
1Opinion of the CourtBlackford, J.
This is an action of replevin. There are two avowries. The first states, that Kinriard recovered a judgment against Thomas Chinn, and sued out an execution against his goods; that the defendant, as sheriff j by virtue of the execution, took the goods, they being in the actual possession of Thomas Chinn; that the present plaintiff and another person claimed the property, and the jury, summoned to try the right, found it to be in the plaintiff, but the Circuit Court, on appeal, determined the goods to belong to Thomas Chinn. The defend dant also averred the property to be in Thomas Chinn. The…
Also in this document: Per curiam.
2Cases cited8 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Marshall v. DavisNew York Supreme Court · 1828
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
- Dunham v. WyckoffNew York Supreme Court · 1829
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3Cited by4 opinions
- Hartlep v. ColeIndiana Supreme Court · 1885
- Capital Lumbering Co. v. HallOregon Supreme Court · 1881
- Hume v. TuftsIndiana Supreme Court · 1842
- Morrill v. MillerSupreme Court of Iowa · 1851