ment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure. (Amended Mch. 19, 1903, Laws 1903, pp. 157, 160.)

© Arkansas, § 6853, substantially same as Alaska C. C. P. § 123, except insert "specific" before "personal property."

d Colorado, C. C. P. § 85. The plaintiff in an action to recover possession of personal property, may at the time of filing the complaint, or issuing the summons, or at any time before judgment, claim the delivery of such property to him, as provided in this chapter.

e Hawaii, § 2101, same as Cal. C. C. P. § 509, except in third clause after the word "before" change "answer" to "issue being joined in such action."

flowa, § 4163. An action of replevin may be brought in any county in which the property or some part thereof is situated. The petition must be verified and must state:

1. A particular description of the property claimed;

2. Its actual value, and, where there are several articles, the actual value of each;

3. The facts constituting the plaintiff's right to the present possession thereof, and the extent of his interest in the property, whether it be full or qualified ownership;

4. That it was neither taken on the order or judgment of a court against him. nor under an execution or attachment against him or against the property; but if it was taken by either of these modes, then it must state the facts constituting an exemption from seizure by such process;

5. The facts constituting the alleged cause of detention thereof, according to his best belief;

6. The amount of damages which the affiant believes the plaintiff ought to recover for the detention thereof.

g Kansas, § 5058. The plaintiff, in an action to recover the possession of specific personal property, may, at the commencement of the suit, or at any time before answer-day, claim the immediate delivery of such property, as provided in this chapter. (Amended, Mch. 12, 1909, Laws 1909, p. 329, C. C. P. § 176.)

h Minnesota, § 4204, substantially same as Cal. C. C. P. § 509, except insert "immediate" before "delivery" in last clause.

i Missouri, § 4463. If the plaintiff claim in his petition the possession of specific personal property, he may, at the time of

filing his petition, or at any other time afterwards, before the rendition of judgment in the cause, file his affidavit, or the affidavit of some other person in his behalf, showing: First, that the plaintiff is the owner of the property claimed (sufficiently describing it), or is lawfully entitled to the possession thereof; second, that it is wrongfully detained by the defendant; third, the actual value thereof; fourth, that the same has not been seized under any process, execution or attachment against the property of the plaintiff; and, fifth, that plaintiff will be in danger of losing his said property, unless it be taken out of the possession of the defendant or otherwise secured.

J Nebraska, § 6723, substantially same as Kansas § 5058.

k New Mexico, § 2685, sub-sec. 228. Any person having a right to the immediate possession of any goods or chattels, wrongfully taken or wrongfully detained, may bring an action of replevin for the recovery thereof and for damages sustained by reason of the unjust caption or detention thereof. (Laws 1907, p. 280.) 1 North Dakota, § 6917, same as Minnesota 4204.

m Oklahoma, § 4351, substantially same as Kansas § 5058.

n Oregon, § 284, same as Alaska C. C. P. § 123.

o South Dakota, C. C. P. § 184, substantially same as Minnesota § 4204. (Reenacted Feb. 26, 1907, Sess. Laws 1907, pp. 165, 183.)

p Texas, Art. 4864. Judges and clerks of the district and county courts, and justices of the peace, shall, at the commencement or during the progress of any civil suit, before final judgment, have power to issue writs of sequestration, returnable to their respective courts, in the following cases:

1. When a married woman sues for divorce, and makes oath that she fears her husband will waste her separate property, or their common property, or the fruits or revenue produced by either, or that he will sell or otherwise dispose of the same so as to defraud her of her just rights, or remove the same out of the limits of the county during the pendency of the suit.

2. When a person sues for the title or possession of any personal property of any description, and makes oath that he fears the defendant or person in possession thereof will injure, ill-treat, waste or destroy such property, or remove the

ska, C. C. P. § 124, same as Cal. C. 510, except at the end of sub. 1 "by virtue of a special property in, the facts in respect to which be set forth."

Arizona, 3812, see note b to Cal. C. C. P. § 509.

© Arkansas, § 6854. An order for the delivery of property to the plaintiff shall be made by the clerk when there is filed in his office an affidavit of the plaintiff, or of some one in his behalf, showing:

First. A particular description of the property claimed.

Second. Its actual value, and the damages which the affiant believes the plaintiff ought to recover for the detention thereof.

Third. That the plaintiff is the owner of the property, or has a special ownership or interest therein, stating the facts in relation thereto, and that he is entitied to the immediate possession of the property.

Fourth. That the property is wrongfully detained by the defendant, with the alleged cause of the detention thereof, according to the best knowledge, information and belief of the affiant.

Fifth. That it has not been taken for a tax or fine against the plaintiff, or under any order or judgment of a court against him, or seized under an execution or attachment against his property, or, if so seized, that it is by statute exempt from such seizure.

Sixth. That the plaintiff's cause of action has accrued within three years; and where the action is brought to recover property taken under an execution, the affidavit must state the fact of the taking, and the nature of the process under which it was done.

d Colorado, C. C. P. § 86, substantially same as Cal. C. C. P. § 510, except omit sub. 3 of Cal. statute and renumber subs. 4 and 5 to subs. 3 and 4 respectively, and at the end of the last subdivision of the Colorado statute add "which affidavit shall be filed with the clerk of the court."

• Hawail, § 2102, substantially same as Cal. C. C. P. § 510, except omit sub. 3 and renumber subs. 4 and 5 accordingly.

f Idaho, § 4272, same as Cal. C. C. P. § 510, except at end of the opening passage change "showing" to "setting forth."

glowa, § 4163, see note f to Cal. C. C. P. § 509.

h Kansas, § 5059. An order for the delivery of property to the plaintiff shall be made by the clerk of the court in which the action is brought, when there is filed in his office an affidavit of the plaintiff, his agent or attorney, showing:

First, A description of the property claimed.

Second, That the plaintiff is the owner of the property, or has a special ownership or interest therein, stating the facts in relation thereto, and that he is entitled to the immediate possession of the property.

Third, That the property is wrongfully detained by the defendant.

Fourth, That it was not taken in execution on any order or judgment against said plaintiff, or for the payment of any tax, fine or amercement assessed against him, or by virtue of an order of delivery issued under this article, or any other mesne or final process issued against said plaintiff.

Fifth, If taken in execution, or on any order or judgment against the plaintiff, that it is exempt by law from being so taken.

Sixth, The actual value of the property. When several articles are claimed, the value of each shall be stated as nearly as practicable. (Amended, Mch. 12, 1909, Laws 1909, p. 329, C. C. P. § 177.)

1 Minnesota, § 4205. An affidavit shall be made by the plaintiff or some person in his behalf, showing:

1. The particular property claimed, and that plaintiff is the owner thereof, or is lawfully entitled to its possesion by virtue of a special property therein, the facts respecting which shall be set forth;

2. That the property is wrongfully detained by the defendant;

3. That the same was not taken for a tax, assessment, or fine, nor seized under an execution or attachment against plaintiff's property; or, if so seized, that it is by statute exempt from such seizure; and

4. The actual value of the property. 1 Missouri, § 4463, see note i to Cal. C. C. P. 509.

k Montana, § 6623, substantially same as Cal. C. C. P. § 510, except at end of opening passage change "showing" to "stating"; also omit sub. 3 of Cal. statute and renumber subs. 4 and 5 accordingly.

§ 5059, to include sub. 4, omit rest of Kansas and add:]

"Provided, That such affidavit may omit the first and last clause of this subdivision and in lieu thereof, show that the property was taken in execution on a judgment or order, other than an order of delivery in replevin, and that the same is exempt from such execution or attachment under the laws of this state; and provided further, that the provisions of this act shall extend to and apply as well to proceedings in replevin had before justices of the peace."

m New Mexico, § 2685, sub-sec. 232. Before the writ of replevin shall be issued, the plaintiff, or some creditable person in his stead, shall file in the office of the clerk of the district court an affidavit alleging that the plaintiff is lawfully entitled to the possession of the property mentioned in the complaint, that the same was wrongfully taken, or wrongfully detained by the defendant, and that the right of action accrued within one year. Laws 1907, p. 281.

n North Dakota, § 6918, substantially same as Alaska C. C. P. § 124, except at end of opening passage change "showing" to "stating."

o Oklahoma, § 4352, same as Kansas § 5059.

p Oregon, § 285, same as Alaska C. C. P. § 124.

q South Dakota, C. C. P. $ 185, same as North Dakota § 6918. (Re-enacted Feb. 26, 1907, Sess. Laws 1907, pp. 165, 183.)

r Texas, Art. 4865. No sequestration shall issue in any cause until the party applying therefor shall file an affidavit in writing stating

1. That he is the owner of the property sued for or some interest therein, specifying such interest, and is entitled to the possession thereof; or,

2. If the suit be to foreclose a mortgage or enforce a lien upon the property, the fact of the existence of such mortgage or lien, and that the same is just and unsatisfied, and the amount of the same still unsatisfied, and the date when due.

3. The property to be sequestered shall be described with such certainty that it may be identified and distinguished from property of a like kind, giving the value of each article of the property and the county in which the same is situated.

4. It shall set forth one or more of the causes named in the preceding article entitling him to the writ.

8 Utah, 3046. Where a delivery is claimed, an affidavit must be made by the plaintiff, or by some one on his behalf, showing:

1. A description of the property claimed;

2. That the plaintiff is the owner of the property claimed or has a special ownership or interest therein, stating the facts in relation thereto, and that he is entitled to the possession thereof;

3. That the property is wrongfully detained by the defendant;

4. The alleged cause of the detention thereof, according to his best knowledge, information, and belief;

5. That it has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff; or if so seized, that it is by statute exempt from such seizure; and, 6. The actual value of the property. t Washington, 708, same as Alaska C. C. P. § 124, except omit sub. 3 and renumber 4 and 5 accordingly.

u Wisconsin, § 2718, same as Alaska C. C. P. § 124.

v Wyoming, § 4146. An order for the delivery of property to the plaintiff shall be issued by the clerk of the court in which the action is brought when there is filed in the office an affidavit of the plaintiff, his agent or attorney, showing: 1. A description of the property claimed.

2. That the plaintiff is the owner of the property, or has special interest therein, and if the ownership or interest is special or partial, the fact shall be stated.