Waterhouse-Wilcox Co. v. Betz & Mabrey

The defendants Betz and Mabrey, copartners, have appealed from the judgment herein in favor of plaintiff for the value of sixteen elevator doors.

The original complaint, which was filed November 18, 3922, alleged that on the ninth day of November, 1922, the plaintiff was the owner and in possession of the doors, and certain appliances, which were of the value of $2,500; that on that day the defendants, “without the consent of plaintiff, wrongfully took such goods and chattels from the possession of plaintiff”; that subsequently and prior to the commencement of the action the plaintiff demanded possession thereof, but that defendants refused to deliver possession thereof and “still unlawfully withhold and detain said goods and chattels from the possession of plaintiff, to its damage in the sum of $2,500.” The prayer Avas “for the recovery of the possession of said goods and chattels, or for the sum of $2,500, the value thereof, in case the delivery cannot be had, together with $500 damages and costs of suit.”

It "appears that the plaintiff claimed the immediate delivery of such property as provided in part II, title 7, chapter 2, of the Code of Civil Procedure, relating to the…