Citation Codes Equivalent Citations citation codes Judges ASHE and SPENCER, JJ., See more information ... Smart Summary Please sign up to generate summary. MERRITT v. WARMOUTH. In detinue, though plaintiff gets possession after commencement of action, he may proceed to judgment. ASHE and SPENCER, JJ., held a recovery may be had against him, and ruled accordingly, and plaintiff had judgment. Cited: Morgan v. Cone, 18 N.C. 238.