Crawford

This is an action in claim and delivery. Plaintiff alleged ownership of a certain automobile and the right of possession thereof in himself. This was denied by defendant. After trial judgment went for defendant. From that judgment plaintiff appeals.

Appellant claims that “the evidence is insufficient to justify the decision,” and that “the findings of fact do not justify the conclusions reached.” The last contention need not he considered if the first is established. Primarily, at least, therefore, there is only one point made, viz.: Insufficiency of the evidence to support the findings.

[1] Counsel admit and recognize the rule that when there is any evidence to support the findings that this court will not disturb the judgment thereon. In this case, however, there is no conflict in the evidence as to the ownership and the right of possession to the said automobile at the time this action was commenced. Plaintiff’s testimony shows clearly the ownership of the property and the right of possession thereof in himself at the time this action was commenced. Respondent has not pointed out to ns any testimony which in the least conflicts therewith. Lest, however, an injustice might he…