Timm v. Low

• Decision Date: 07 April 1914
• Docket Number: No. 8304.,8304.
• Citation: 104 N.E. 870,56 Ind.App. 47
• Parties: TIMM et al. v. LOW et al.
• Court: Indiana Appellate Court

56 Ind.App. 47

104 N.E. 870

TIMM et al.

v.LOW et al.

No. 8304.

Appellate Court of Indiana, Division No. 1.

April 7, 1914.

Appeal from Circuit Court, Pulaski County; Truman F. Palmer, Special Judge.

Replevin by Clara Timm and others against Simpson E. Low and others. Judgment for defendants, and plaintiffs appeal. Affirmed.

Ralph E. Horner and John M. Spangler, both of Winamac, for appellants. Caleb W. Barker, of Winamac, and McConnell, Jenkins, Jenkins & Stuart, of Logansport, for appellees.

SHEA, P. J.

This was an action by appellants against appellees to replevin certain personal property and to recover damages for the unlawful detention thereof. The complaint charges, in substance, that appellants were the owners of certain horses and cattle of the aggregate value of $1,500; that appellee Zellers, as the sheriff of Pulaski county, Ind., under an execution issued upon a judgment rendered against one Jeremiah Swisher in favor of appellee Simpson E. Low, wrongfully and unlawfully took possession of the property to satisfy said judgment; that appellees are now wrongfully and unlawfully detaining said property from appellants, to their damage in the sum of $1,000. A demurrer to the complaint was overruled. Answer in general denial. The cause was tried by the court, and a finding made for appellees that they were entitled to possession of the property subject to certain incumbrances paid by appellants, to be paid by the sheriff from the proceeds of the sale.

[1] A lengthy finding and judgment is set out in the briefs, but inasmuch as no special finding was prayed by either party, it must be treated as a general finding. Conner et al. v. Town of Marion, 112 Ind. 517, 14 N. E. 488.

The only error complained of is the overruling of appellants' motion for a new trial.

Various objections are presented to the manner of preparation of the brief, and the presentation of the questions involved. Inasmuch as there appears to be a good-faith...