Hyde v. ElMer

Citations

• 14 N.M. 39
• 88 P. 1132

Syllabus

<p>SYLLABUS (by TIIE COURT).</p> <p>1. Where an order of return has been made upon the dismissal of a replevin action, and the party originally in possession accepts a tender of the property and receipts therefor and refuses to deliver the property upon demand; Held, that he has sufficient possession so that replevin will lie against him.</p> <p>2. The measure of damages where the plaintiff recovers in a replevin suit, where he has taken possession under the writ, .is the damage proven by reason of the detention of the property and where there are none proven nominal damages only.</p>