Stilwell v. Priest

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• providing that the remedy in a replevin action is “to regain possession of goods and chattels and to recover damages for their caption and detention”
• “In order to sustain replevin, it is incumbent on the plaintiff to show not only that he has title, but that he has also the right of immediate possession.”
• evidence of injuries to plaintiff such as loss of profits or counsel fees is inappropriate to present to the jury for determining punitive damages because punitive damages “are in no sense compensatory, but purely penal in nature”
• “The contract between the parties is made a part of plaintiffs complaint and bestowed the right of possession upon the defendant. Plaintiff must establish a breach of the contract by defendant, entitling plaintiff to possession of the goods.”
• noting the requirement of title and exclusive right of possession

Source: CourtListener parenthetical corpus (CC0).