affirming dismissal of mandamus complaint on the basis that relators had an adequate remedy at law by way of an action in replevin to recover personal property seized under a search warrant
How later courts described this case
- affirming dismissal of mandamus complaint on the basis that relators had an adequate remedy at law by way of an action in replevin to recover personal property seized under a search warrant
Written by the judges who cited it.
The opinion
Holmes, J.,
dissenting. I cannot concur with the majority here in that requiring a private citizen from whom property has been taken to file a replevin action requiring a bond and other attendant costs is not an adequate remedy at law. I would allow the writ.