Matteucci

This action was brought to recover certain personal property situated in a building used as a restaurant. The defendant was sheriff, and on the second day of November, 1895, attached the said property as the property of one M. Zaro, under a writ of attachment issued in an action commenced against Zaro by one Witt. The jury, under instruction of .the court, returned a verdict for defendant, upon which judgment in defendant’s favor was rendered. Plaintiffs appeal from the judgment and from an order denying their motion for a new trial.

The pleadings, evidence, and the conduct of the trial leave the case in an unfinished and confused condition. The learned judge of the court below well said that it was “a remarkable case.”

The two main points made by appellants for reversal are: 1. That the court erred in denying plaintiffs’ motion for judgment upon the pleadings; and 2. That the court erred in instructing the jury to find a verdict for the defendant.

1. The court did not err in denying the motion for a judgment in favor of the plaintiff on the pleadings. It is not necessary to determine whether cr not the original answer sufficiently denies that at the time of the commencement of…