Hawley

This action is brought by the plaintiff, as assignee in insolvency of Jacob Kocher, against the defendant, to recover personal property, or “three thousand five hundred and ninety-seven dollars and nineteen cents,” the value thereof, in case delivery cannot be had, together with five hundred dollars, damages for the detention thereof, and for costs of suit. The action is what is usually called, under our system, “claim and delivery of personal property.” Judgment was rendered for the defendant, and the plaintiff appeals upon the judgment-roll alone, without any bill of exceptions. The. transcript commences with an “amended complaint.”

The respondent filed a demurrer to the amended complaint. The demurrer was general and also special. The special grounds were that the complaint was uncertain, also that it was ambiguous, and also that it was unintelligible. The real ground of the demurrer was that the complaint did not contain any sufficient *79 description of the property sought to be recovered. The court sustained the demurrer; and the appellant not having filed another amended complaint within the time allowed, judgment was rendered against him, and from this judgment he…