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48 Ind. 395

Darter v. Brown

Indiana Supreme Court

Decided November 15, 1874

Indiana Supreme Court · decided 1874-11-15

<p>BEPltEVXtir.—Pleading.—Bailment.—Property in tlie defendant is a good answer in replevin, whether it be an absolute property or the qualified property of a bailee in the thing bailed; and such answer forms an issue without a reply; and a reply may be struck out on motion, or, which is the same in effect, a demurrer thereto may he sustained.</p>

Cited by 2 later decisions — most recently January 1893

2 state decisions

Relies on Sparks v. Heritage · Landers v. George · Thompson v. Sweetser

Good law ✅— No negative treatment on recordhow we know

Decided 1874-11-15

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Downey, J.

¶1This was replevin by the appellants against the appellees, for a lot of canvased hams, and a lot of hams not canvased. The defendants answered by a general denial, and also a special paragraph setting up a lien on the hams, in consequence of having slaughtered the hogs, from which the hams were taken, and cured and canvased the hams.

¶2The plaintiffs replied in five paragraphs, the first of which was a general denial, and the others special.

¶3The defendants demurred to the second paragraph of the reply, and their demurrer was sustained. This ruling of the court is the only error assigned.

¶4Property in the defendant is a good answer in replevin, and makes an issue without a reply. Landers v. George, 40 Ind. 160. It can make no difference whether the property which *396the defendant has in the goods be the absolute property, or only a qualified property, such as is set up in the special paragraph of the answer. He may defend on either. A bailee of goods has a qualified property in the thing bailed; and a bailee, having a lien on the goods bailed, may defend his possession against the claim of the owner.

¶5The second paragraph of the reply might have been struck out on motion. The defendant got rid of it, however, by demurrer, which is, in substance, the same. Landers v. George, supra.See, on the general subject, Thompson v. Sweetser, 43 Ind. 312, and Sparks v. Heritage, 45 Ind. 66.

¶6The judgment is affirmed, with costs.

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