Johnson v. Boehme

Citations

• 66 Kan. 72
• 71 P. 243
• 1903 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trover and Conversion — By Defendant in Replevin. In an action in replevin a defendant recovered his costs, but took no judgment for the return of his property, or the value thereof if a return could not be had. The property was never returned to him. Held, that he could maintain an action against the sheriff to recover the value of the property so taken.</p> <p>2. -Replevin Judgment not Res Judicata. The right of a defendant to have a judgment rendered in his favor in the alternative for the return of the replevied property, or, in case a return cannot be had, for its value, is not an exclusive, but a new, remedy, and, if he does not avail himself of it in the original proceeding, he may yet maintain his separate action to accomplish the same result.</p>