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ARRANGED IN THREE PARTS, FOR READY REFERENCE,

BY J. E. COBBEY,

OF THE BEATRICE BAR.

A BOOK OF 984 PAGES. NEARLY 11,000 CITATIONS REFERRING TO THE NATIONAL REPORTER SYSTEM, AND OTHER SPECIAL SERIES OF REPORTS, AS WELL AS THE OFFICIAL STATE REPORTS.

CHAPTER.

PRICE, $6.25, DELIVERED.

TABLE OF CHAPTER HEADINGS.
PART I.

Questions Arising in Preparing to Commence a Replevin Action.

I. Historical and Introductory.
II. Scope and Nature of the Action.
III. Landlord and Tenant-Distress.
IV. When the Action Lies Generally.

V. What Property may be Replevied.

VI. What Title Will Support the Action.

VII. Who May Maintain Replevin.

VIII. Mortgagor and Mortgagee.

IX. Agent, Bailor, and Bailee.

X. Partners-Joint Owners-Tenants in Common.
XI. Vendor and Vendee.

XII. Right of Replevin by and from an Assignee for
Benefit of Creditors.

CHAPTER.

CHAPTER.

XIII. Goods in Custody of the Law.

XIV. Replevin of Proper Seized for a Tax,

XV. Replevin of Impounded Animals.

XVI. Things Which May be Real or Personal Property According to Circumstances.

XVII. Where the Goods Have Been Changed in Form or
Enhanced in Value.

XVIII. Confusion of Goods by Different Owners.
XIX. Goods Acquired by Theft or Fraud.

XX. On Parties-Plaintiff and Defendant-Intervention and Substitution.

XXI. Demand and Tender to Discharge Lien.

PART II.

Questions Arising in the Prosecution and Defense of an Action in Replevin.

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PART III.

Questions Arising in the Prosecution and Defense of an Action on the Replevin Bond.

CHAPTER.

XLI. What Constitutes a Breach and When Right of Action Accrues on the Bond.

XLII. Action on Bond, How Brought. XLIII. Validity and Construction of Bonds. XLIV. Proper Parties.

CHAPTER.

XLV. Liability of Principal-Liability and Rights of
Sureties on the Bond.

XLVI. Proper Measure of Recovery in Suit on Bond.
XLVII. Defenses to Suit on Replevin Bonds.

TESTIMONIALS.

Hon. D. J. Brewer, Associate Justice of the Supreme Court of the United States:-I like the plan of the work, the clearness with which your propositions are stated, and the completeness of the work as a treatise on Replevin for the lawyer In daily and active practice. I think it will be found the most satisfactory work on Replevin. I congratulate you heartily on your success as an author.

Supreme Court, State of Nebraska:-We have received your new book on the Law of Replevin, and upon a hasty examination, find you have with care treated the subject. So far as we have discovered, it states the law on the action of Replevin correctly. In the arrangement of subjects and in the mechanical execution it could not be improved. It is in every sense of the word a desirable volume.

AMASA COBB, C. J.

SAMUEL MAXWELL. Justices.

T. L. NORVAL,

Hon. F. E. Parish, DeWitt, Neb.:-Your work on Replevin is far ahead of Wells or Morris. Your citations to the current Reporters is a very valuable feature.

Hon. J. H. Perry, Aberdeen, S. D.:-I like your work on Replevin very much.

Hon. M. B. Camplin, Newcastle, Wyo. :- After a thorough examination of your work on Replevin, must say I am well pleased with it. It elaborates fully upon many points scarcely touched upon by prior works. The arrangement and index make it a labor saving machine. It must be recognized as the "standard."

Hon. M. E. Rudolph, of Canton, S. D. :-I have had occasion to refer to your work on Replevin a number of times since its arrival, and have been gratified in each instance to find the law so fully stated, and the authorities so exhaustively cited. The numerous modern and recent cases referred to in your work are especially appreciated.

Hon. Manford Savage, Hebron, Neb.:- After a somewhat careful examination of your work recently purchased by me, I am delighted with its practical character. It is decidedly the best publication extant on the subject. As cases arise more frequently in Replevin than almost any branch of the law, you have conferred a boon as well as an honor upon the profession.

Hon. E. S. Abbott, Crete, Neb.:-It is far in advance of any work on that subject yet published.

Hon. E. A. Gilbert. York, Neb.:-Am highly pleased with your work on Replevin.

The Lawyers' Co-operative Pub. Co., Rochester, N. Y.:-It is a complete and exhaustive work, with an intelligent arrangement of its contents and an excellent index.

The Central Law Journal, St. Louis, Mo.:-The style of the prepared with conscientious regard for accuracy and comauthor is concise and clear, and the work has evidently been pleteness. The arrangement of topics and subjects is particularly to be commended, and the index is first-class.

The Albany Law Journal, Albany, N. Y.:-It is full, well arranged and discreet. It promises to answer an excellent practical purpose. The volume is handsomely printed.

Hon. J. D. Nichols, Vinton, Iowa:-It is a very thorough and exhaustive treatise. Just such a work as has long been needed by busy practicing lawyers.

Hon. R. W. Parliman. Dist. Att'y, Britton, S. D.:-I am very well satisfied with the book. The entire bar of this county have nothing but praise for it.

Hon. H. S. McWilliams, Omaha, Neb.: - Have examined your work on Replevin very carefully, and find it to be a carefully arranged and comprehensive work. Am very much pleased with it. Find enclosed check in payment for same.

IT REMEMBERED: That at the regular June, 1890, term of the District Court of the First District began and holden in Beatrice, Gage County, Nebraska, the following among other proceedings were had and entered on record, to-wit:

To Hon. A. Hardy, Pres. of the Gage County Bar Association: The undersigned committee appointed by you to declare the opinion of the attorneys of Gage County as to the "Law of Replevin" recently written by Judge J. E. Cobbey of this bar, respectfully report that we have carefully examined the said work, and agree in the opinion that it excels all other books upon the subject in the following respects:

In conciseness of statement, method of arrangement, num. ber and accuracy of references, and thoroughness of index. We think it worthyla place in all the libraries of the country, and that no practicing lawyer can well afford to be without it. Taking a just pride in Judge Cobbey's work, we recommend that each member of the Gage County Bar sign his name to this report, and that Judge J. H. Broady be then requested to cause the same to be spread at length upon the records of the District Court of our said county.

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We fully endorse the above report.

T. F. BURKE,
HAZLETT & BATES,
N. K. GRIGGS,
RICKARDS & Prout,
GEO. B. EVERITT,
R. W. SABIN,
W. V. A. DODDS,
A. D. MCCANDLESS,
PEMBERTON & BUSH,
E. O. KRETSINGER,
M. F. LAUGHLIN,
8. D. KILLEN,

GEO. A. MURPHY,
R. S. BIBB,
J. A. SMITH,
O. M. ENLOW,
HUGH J. DOBBS,
SAM'L RINAKER,
F. B. SHELDON,
А. Н. ВАВСоск,
W. S. BOURNE,
H. D. WALDEN,
W. W. BUCHANAN,
N. T. GADD,
D. S. HARDIN,
W. C. LE HANE.
Gage County Bar.
President A. Hardy moves in open court that the report be
adopted, and the report spread at large upon the court
records, and that a certified copy be furnished Judge Cobbey
under the seal of the court.

WINTER & KAUFFMAN,
W. S. SUMMERS,

These resolutions approved, endorsed, and the motion com-
plied with, and it is so ordered this June 25, 1890.
Ovart Seal and Certificate by
J. H. BROADY,

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Hon. John M. Thurston, General Solicitor U. P. Ry, and Auxiliary Companies, says: "After fully examining your work on Replevin, I believe it is one of the very best text-books ever issued, and it will take its place with the profession as an Indispensable assistant to the general practitioner."

John F. Dillon, Author of Dillon on Municipal Corporations, etc., and General Counsel for the U. P. Ry., says in a letter to the author dated June 9th, 1890: "I have examined it sufficiently to enable me to state that, without disparagement to others, your work is much more methodical, comprehensive, and exhaustive than any that had before appeared. It does great credit not only to your industry but also to your learnIng, and I sincerely congratulate you on its successful accomplishment."

Oscar Foust & Son. Attorneys, Iola, Kan., say: "Your work on Replevin came duly to hand. We have carefully examined the book, and we think it meets a long felt want in the profession, i. e., a work that brings down the latest decisions bearing on the subject with a very full index. * * Every page bears evidence of careful thought as well as labor in compilation of authorities."

*

STATE OF NEBRASKA, ATTORNEY GENERAL'S OFFICE, LINCOLN, June 24, 1890.

HON. J. E. COBBEY, Beatrice, Neb.
Dear Sir:-"I have taken especial pains to thoroughly er
amine your work on Replevin, and can truthfully say that it
excels all other works on the subject. It is exhaustive and
the authorities cited are worth the price of the book, being
the very latest decided by the several courts of the different
states. Every lawyer should have a copy, as the book is a
complete brief on every branch of replevin, and I cheerfully
commend it to the profession at large.
Yours very truly,

WM. LEESE, Attorney General.

Hon. M. B. Reese, late Chief Justice of Nebraska, says of it: "The arrangement of subjects and the exhaustive manner in which they are treated in detail indicates to my mind that the labor and time devoted to the work have been well applied, and that the book will be entitled to and will receive the confidence of the courts and bar of this country."

Hon. J. K. Macomber, Prosecuting Attorney for Polk County, Iowa (Des Moines), says under date of June 25th, 1820: “It certainly seems to me that your treatment of the subject in all its branches is most excellent. We have needed for some time a new work on Replevin, and I believe that yours will soon be regarded as the standard."

Hon. Joseph C. Helm, Chief Justice of the Supreme Court of Colorado, says: "It is well arranged and the topics are conveniently classified. It seems to be more exhaustive than any other text-book upon the subject. The cases bearing upon the law of replevin or claim and delivery (in code nomenclature) seem to have been thoroughly and carefully collated. I take pleasure in commending the work to the favorable consideration of the profession."

DENVER, June 16, 1890.-J. E. COBBEY.- Dear Sir: I have examined your work on the Law of Replevin just published, and find that it treats the various questions that arise under this branch of the law much more fully and satisfactorily than any other wok that has come under my observation. The method of treatment is, however, so concise and the matter so well arranged as to make the work of great utility to the busy lawyer in the preparation and trial of cases, and to the lawyer who has not the time nor the opportunity to examine all the adjudicated cases for himself it is a necessity containing as it does not only a reference to but the gist of the latest decisions. Yours truly,

A. J. RISING, Judge District Court.

School, New York, says: "Your aim has been to give your Hon. Theodore Dwight, Dean of Columbia College Law treatise a practical character. In this respect it will prove to be highly valuable to the practitioner. Your arrangement is very ingenious and useful, directing attention to the points to be considered by a busy man in a most natural and convenient manner. The book shows a wide examination of authorities, and their results are, as far as I have had oppor tunity to examine them, accurately stated. The action of replevin is so important in our time and at the same time is so beneficent that every extensive addition to the working plant of a lawyer must be heartily welcomed. Your indus trious collection and careful collation of authorities is of itself worth more than the price of the book, while your comments are highly suggestive and valuable."

Hon. J. A. Cavanagh, of Cavanagh, Atwell & Thomes, Omaha, Neb., says: "It is without doubt the best work putlished on that subject. The Nebraska bar has reason to con gratulate itself of having the author of such a work in its

midst."

D. S. Pipes, Topeka, Kansas:-Your book is a good one and you should feel proud of it.

Hon. M. L. Hayward, Nebraska City, Neb.:-It is a first-class work.

Hon. C. C. Cole, late Chief Justice of Iowa, says. "I have examined your work 'Law of Replevin,' and I congratulate you upon its excellence. The subject is treated in a natural and orderly manner, and appears, upon the examination I have been able to give it, to be a very exhaustive treatise upon the subject. Your style is very direct and perspicuous, and Hon. John L. Townley, St. Paul, Minn.:-I have again had the arrangement of the work aided by the bold faced type, occasion to examine your work, and find it very complete entitling the sections, will enable the busy practitioner to and bravely written. I say bravely written because on dis direct his attention at once to the question under considera-puted points you have not only given the authorities on both tion. The table of contents is indeed an analytical digest of sides but candidly expressed your opinion upon the subjet. the work, and will afford great facility in the investigation I observe with pleasure your dedication. any matter treated by you. It is certainly a very attractive book in its general appearance."

Hon. W. J. Weeber, Attorney at Law, Denver, Colo., says: "Your book on Replevin received, examined, and liked. Enclosed find draft for same."

Hon. W. E. Goodhue, Judge of Thayer County, Nebraska, says: "I am very much pleased with your work and would advise every county judge in the state to have one for reference in his office. I had a case of relevin the next day after the book came, and got from it information which I could not find anywhere else."

Hon. James Ledwich, Omaha, Neb.:-Am highly pleased with the work. Every practicing lawyer should have a copy. Hon. W. S. Felker, Omaha, Neb.:-Your work on Replevin is the best.

Stear & Howard, Aurora, Mo.:-We have examined your work and have none but words of highest praise for it.

W. H. Holmes, Bassett, Neb.:-1 consider your work on Be plevin the best book I have in my office.

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