National Contract Purchase Corp. v. McCormick

This is an action of replevin wherein plaintiff sought recovery of a Chandler automobile. The car was taken under the writ from the defendant McCormick. The case was tried by the court, without a jury, upon a stipulation as to virtually all the facts except as to the measure of damages. The court found the right of property in the defendant and assessed his damages against the plaintiff at $6,120. Plaintiff appeals.

It is first contended that under the pleas filed the writ of retorno habendo could not properly issue.

Defendant first filed three pleas — non cepit, non detinet, and, in the third…