Truman

Action in claim and delivery for the recovery of a certain diamond. Findings and judgment were for the plaintiff, and the defendant appeals from the judgment and an order denying a new trial.

The defendant demurred to the complaint upon the ground that it did not state sufficient facts. The court overruled the demurrer. It should have been sustained. The complaint alleges: “That on the fourteenth day of November, 1895, said plaintiff was the owner and entitled to the immediate possession of the following goods and chattels,” describing them; that their value is three hundred and fifty dollars; “that the defendant, without the consent of the plaintiff, now detains said goods and chattels from the possession of said plaintiff”; that on June 2, 1896, plaintiff demanded possession, and that defendant refused to deliver them; “that said defendant still unlawfully *491 withholds and detains said goods and chattels from the possession of the plaintiff, to her damage,” etc. The complaint was filed June 5, 1896.

There is no allegation that the plaintiff was the owner at any time after November 14, 1895, or of any fact showing that she was entitled to the possession after that date. The…