Bishop v. Japhet

On Rehearing.

In this cause, the motions for rehearing filed by appellant and appellee are both overruled.

[4] insists that there is no neces-necesto reverse and remand this cause, but that judgment should be here rendered in conformity with the views expressed in the original opinion. In reply to this suggestion, it is sufficient to say that a verdict and judg-judgagainst persons who have replevied sequestered property must find the value of the several items of property replevied, as the obligors have the right, under article 7107, R. S., to return the entire property or any portion thereof in satisfaction of the judgment in whole or in part, and the value of the several items of property must be found as of the date of the trial. The ver-verin this case is defective in that respect. The cause was submitted upon special issues, and there is no finding by the trial court of the value of the various items of replevied property, as is authorized by article 1985, as to issues not submitted and not requested to be submitted, and the evidence in the record is not of that character as would authorize this court to undertake to- find such valua-valuaIt is therefore necessary that the cause be reversed and remanded, with in-inas contained in the original opin-opinfiled herein.

The opinion upon rehearing heretofore filed on November 12, 1914, is -ordered withdrawn, and this opinion is filed in lieu thereof.