Hansen

This action was one of claim and delivery by which recovery of possession of a certain lot of furniture was sought to be secured. The judgment was in favor of plaintiff and defendant has appealed.

[1] The complaint was in the usual form appropriate to the character of the action and contained all the essential allegations. Demand for possession was alleged to have been made on the fourth day of May, 1917; that possession was refused to be delivered to the plaintiff by the defendant, and the value of the property was alleged to be the sum of one thousand five hundred dollars. By an amendment made to the complaint the following allegation was added: “That defendant, without the consent of plaintiff, now detains said personal property from the possession of the plaintiff to its damage in the sum of one thousand five hundred dollars, the value of the property, and the further sum of one hundred dollars per month, the reasonable usable value of the said property, from the said fourth day of May, 1917, as damages for the detention thereof.”

It is first contended that the complaint failed to state a cause of action because it was not in terms alleged that the damages had not been paid.…