171 N.W. 326 | S.D. | 1919
Action in replevin. Plaintiff alleged that defendant wrongfully detained ’ two-fifths of 740 bushels of oats and two-fifths of 4,200 bushels of corn, of the value of $1,920, and demanded1 alternative judgment. Defendant in substance alleged that plaintiff was entitled only to the possession of two-fifths of 2,200 bushels of corn, or 880 bushels; that under process in this .action plaintiff took from the possession of defendant 1,460 bushels of corn, being 680 bushels in excess of plaintiff’s share, and that the value thereof was $875. Defendant demanded affirmative judgment for the recovery of 680 bushels of corn, or the value thereof, of $875. Plaintiff replied, denying these allegations of the answer. On the trial the court directed the following verdict:
“Under direction of the court, we, the jury, find for the defendant upon all the issues in this .case.”
Thereafter the court rendered judgment dismissing plaintiff’s action, and adjudging that defendant have and recover from plaintiff 1,230 bushels of corn, of the value of $1.25 per bushel, and
The judgment and order appealed from are reversed, and the cause remanded.