Washington v. Western Auto Supply Co.

Oxner, Justice.

Stated generally, the question presented by this appeal Is whether a successful defendant in a claim and delivery proceeding may thereafter maintain an independent action against the unsuccessful plaintiff to recover damages for the taking and detention of the property.

On January 13, 1955, the Western Auto Supply Company, claiming that Helen Washington was in default in the payment of the balance due on certain chattel mortgages held by it, brought an action in claim and delivery to recover possession of the personal property covered by said mortgages. Plaintiff gave the…