Livestock Gazette Publishing Co. v. Union Stockyard Co.

This is is an action to recover the possession or value of certain personal property alleged to be wrongfully detained by defendants, and damages for its detention. The court below found among other things, as follows: That the plaintiff was the owner and *449 entitled to the possession of the property described in the complaint, and that the defendants unlawfully withheld the same from the plaintiff. “ That the value of' said property is seven hundred and fifty dollars.” “That the plaintiff has not suffered any damage by reason of the detention of said personal property by the defendants, nor have the defendants been guilty of oppression, or fraud, or malice.”

And as conclusions of law the court found: “ That the plaintiff is entitled to the possession of all the personal property described in the complaint, if a delivery thereof can be had, or the value thereof, viz., the sum of seven hundred and fifty dollars, in case a delivery cannot be had, with costs of suit.

Judgment was so entered, and in due time the plain- ■ tiff moved for a new trial upon the ground of the insufficiency of the evidence to justify the decision.

The motion was made upon a bill of exceptions, which…