Troy Laundry Machinery Co. v. Carbon City Laundry Co.

Citations

• 27 N.M. 117
• 196 P. 745

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The action oí replevin provided ior by sections 4340 et seq., Code 1915, is exclusive of all other remedies for the recovery of the possession of goods and chattels. .An action in the nature of detinue at common law is not maintainable in this jurisdiction. P. 119</p> <p>2. Replevin at common law was maintainable in cases where there was an unlawful taking and an unlawful detention of personal property, and in such a proceeding there was a seizure under a writ of replevin of the subject-matter of the litigation at the beginning of the proceeding, while detinue at common law was maintainable for the recovery of personal property in all cases, where there was an unlawful detainer, regardless of the manner of' taking, and recovery of the property was had only after judgment. P. 119</p>