90 Mo. 147 | Mo. | 1886
This is an action of replevin to recover the possession of certain personal property from the defendant, from whose possession it was taken and delivered to the plaintiff on execution by him of the statutory bond. The defendant in his answer, after denying plaintiff’s right to the property, set up that he held it by virtue of four writs of attachment against one Charles Davis. On the trial defendant obtained judgment for two hundred and twenty-five dollars, the whole value of the property, and sixty-eight dollars damages for its detention.
During the trial plaintiff offered evidence tending to show that on the same day that the property was replevied the attachments were dismissed and renewed on the same day under which a portion of the property was sold and the proceeds, after payment of costs, applied as a.credit on the debts represented in the attachment suits,