56 Ind. App. 367 | Ind. Ct. App. | 1914
Appellee Lewin filed his complaint in the Jasper Circuit Court in replevin, alleging, in substance, that he was the owner and entitled to the immediate possession of certain personal property consisting of two horses, a wagon
A demurrer to the complaint was overruled, and appellant then filed an answer in two paragraphs, the first a general denial; the second averring in substance the following facts: That appellant is, and since January 1, 1911, has been the duly elected, qualified and acting sheriff of Jasper County, Indiana; that on January —, 1911, pursuant to a duly certified writ of attachment from the circuit court of Porter County, Indiana, issued in a cause commenced in that court by Ella Hankins against John and Charles Lewin, he attached all the property in Jasper County, Indiana, belonging to said John and Charles Lewin, land made his return on said writ to the Porter Circuit Court. Among other property attached were the two horses wagon and harness described in the complaint in this cause; that appellee is the.son of one of the defendants in the cause in the Porter Circuit Court, and had actual knowledge of the pendency of the action in that court, and of the fact that appellant attached said property under and by virtue of the writ; that the action in the Porter Circuit Court has been duly tried and disposed of, a judgment rendered in favor of the plaintiff and against John and Charles Lewin, and appellant as sheriff of Jasper County, Indiana, ordered to turn over to the sheriff of Porter County all property attached by him, which he did; that appellee had actual knowledge of the foregoing facts, attended the trial of the cause in the Porter Circuit Court and testified as a witness in behalf of one of the defendants. On January 4, 1911, while said cause was pending in the Porter Circuit Court, and after appellant had attached said property including the two horses, wagon and harness described
Appellant relies on the following errors for a reversal of the cause: (1) The Jasper Circuit Court did not have jurisdiction of the subject-matter of the action because the property was in custodia legis of the Porter Circuit Court. (2) The court erred in overruling appellant’s demurrer to appellee’s complaint. (3) In sustaining appellee’s demurrer to the second paragraph of appellant’s answer. (4) In overruling appellant’s motion for a new trial.
Numerous reasons are urged in support of appellant’s motion for a new trial. We have examined the alleged errors in the admission of certain evidence, but find no harmful error. The instructions given by the court might be criticised as being too favorable to appellant in some instances, but we find no error which prejudiced appellant’s rights. Upon the record presented, a correct conclusion was reached. §§407, 700, 2221 Burns 1914, §§398, 658, 1891 R. S. 1881. Judgment affirmed.
Note. — Reported in 105 N. E. 400. As to demand and refusal in replevin cases, see 80 Am. St. 753. See, also, under (1, 3) 11 Cyc. 988; (2) 16 Cyc. 785; (4) 23 Cyc. 1523; (5, 7) 34 Cyc. 1474; (5) 34 Cyc. 1406, 1407.