Montgomery v. Fidelity & Deposit Co. of Maryland

The plaintiff commenced an action to recover a judgment against the defendant on a replevin bond given under section 512 of the Code of Civil Procedure. The defendant appeared and answered. Thereafter the plaintiff on notice made a motion for judgment on the pleadings. The motion was granted and from the judgment entered the defendant has appealed.

The first point made by the appellant is that the complaint does not state facts sufficient to constitute a cause of action because it does not allege that the property in litigation was delivered to the plaintiff in the replevin action. It is true that there is no direct, positive and clear-cut allegation in that behalf, nevertheless it appears in the complaint “that the defendant, Nora A. Knobloch, filed her answer in said cause, claiming the ownership of the property in said complaint described, asking that she have judgment therefor, or in the event that delivery thereof could not be had, for $1,134 as the value thereof, and for the sum of $750 damages for the detention of said automobile from her. . . . Thereafter, and on the 19th day of June, 1922, and after trial of said action numbered 91165, judgment was duly made and entered…