Williamson
Williamson v. Strong
Opinion
lead Opinion
Smith, J.
This is a suit to recover the possession of the personal -property described in the complaint, or its value. The complaint is in the ordinary form, and alleges, besides the title of the plaintiff, the value of the property, the taking by the defendant, and other matters, “that said defendants still unlawfully and wrongfully withhold and retain said goods and chattels from the possession of the plaintiff,” etc. The answer, besides denying the allegations of the complaint, alleges “that the defendants have no possession of any -part of said property, and that at the time of the commencement of said action no part of said property was in possession of defendants, or either of them.” The court, in *899 effect, finds the several allegations of the complaint to be true; and judgment was accordingly entered for- the plaintiffs. Motion for new trial was made by the defendant Strong on “the minutes of the court, and on the ground that the decision is against law,” and, -his motion being denied, he appeals from the order. There is no statement or bill of exceptions in the record.
The only point made by the appellants is that there is no finding on the affirmative allegation of the answer,…