Frick v. Miller

Citations

• 30 Del. 366
• 7 Boyce 366
• 107 A. 391
• 1918 Del. LEXIS 54

Syllabus

<p>1. Pleading—Declaration—Venue.</p> <p>In replevin declaration reading: “In the Superior Court of the State of Delaware in and for New Castle County. * * * That the said William P. Miller heretofore, to wit, on or about the tenth day of September, * * * at the county aforesaid, took the following goods and chattels * * * ”— sufficiently laid the venue.</p> <p>2. Replevin—Articles Not Replevied.</p> <p>Articles of jewelry mentioned in the body of the writ, but not replevied, cannot be considered by the jury.</p> <p>3. Replevin—Detention—Nominal Damages.</p> <p>For the detention by defendant of two articles admitted by him to be plaintiff’s property, plaintiff, suing in replevin, is entitled to nominal damages.</p> <p>4. Replevin—Right of Action—Purpose.</p> <p>Replevin lies for the possession of goods and chattels unlawfully detained from the owner, or the person entitled to possession, the primary object being recovery of property, with damages for its taking and detention, secondarily, and usually, the object being the recovery of a sum of money equivalent to the value of the property.</p> <p>5. Replevin—Possession and Onwership.</p> <p>Replevin is a possessory action, and lies only in favor of one entitled to possession at the time of its commencement, and the right to possession must be coupled with ownership, either general or special.</p> <p>6. Replevin—Wrongful Detention.</p> <p>The wrongful detention from plaintiff in replevin by defendant of the goods and chattels replevied at the time they were replevied is a material fact.</p> <p>7. Executors and Administrators—Personal Property—Replevin.</p> <p>Where a decedent at the time of her death had such a property in certain goods either by purchase or gift as entitled her to their possession, her personal representative was likewise entitled to their possession to an extent to give him the right to maintain replevin for their wrongful detention by another.</p> <p>8. Replevin—Strength of Own Title.</p> <p>Plaint