Stratton v. McKey

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Robert Stratton Sr. filed a replevin action, without bond, against Jerry McKey. Stratton sought to recover an antique truck that he had on McKey’s property for several years. The circuit court granted Stratton relief, conditioned on Stratton paying McKey storage fees. Stratton appealed, and the Court of Appeals affirmed the circuit court’s judgment. The Supreme Court held that the circuit court erred in awarding McKey damages for storing Stratton’s truck when McKey never filed a responsive pleading giving Stratton notice that he was seeking damages. Because the Court held that the circuit court erred, it followed that the Court hold the Court of Appeals erred in affirming the circuit court’s judgment. Therefore, the Supreme Court reversed the circuit court’s and Court of Appeals’ decisions, and rendered judgment in favor of Stratton for possession of the truck. View "Stratton v. McKey" on Justia Law