71 Ind. App. 199 | Ind. Ct. App. | 1919
— This was a suit brought in replevin by appellees against appellant to recover certain telephone wires, cables, equipment, etc., which articles and equipment, are located in the Oneida Hotel Building, in the city of Indianapolis, Indiana, said hotel being at the time operated by- appellant under a lease. The complaint, in one paragraph, was in the usual form, alleging ownership and the right of immediate possession in the appellees and wrongful detention by appellant. To this complaint thére was an answer in general denial, and a second paragraph averring that the articles in question were and had become fixtures by being attached to the realty. To this paragraph there was reply in denial. The case was submitted to a jury for trial, which returned a verdict for appellees as follows: “We the jury find for the plaintiffs and that they are entitled to possession of the personal property in controversy; that the same is unlawfully detained by the defendant; .that the same is of the value of $- and we assess the plaintiffs’ damages for the detention of said property at the sum of $5.00.”
Appellant filed a motion for a venire de novo, which was overruled, after which it filed a motion for a