77 Ind. App. 615 | Ind. Ct. App. | 1922
Action in replevin by appellee against appellant, with bond for the immediate possession of an automobile.
It was averred in appellee’s verified complaint that the automobile was the property of appellee, and that it had been wrongfully taken, and was being unlawfully detained by appellant. There was an answer in denial, trial by jury, and a verdict for appellee upon which, after motion for a new trial was overruled, this appeal.
The only error assigned is the action of the court in overruling the motion for a new trial.
On Monday, July 26, 1920, appellee first learned from his son of the trade and immediately ordered his son to take the roadster back and get appellee’s automobile. The son returned the roadster. Before bringing this action, and after trying to see appellant, and after trying to get him by phone, appellee sent one Heller to see him. Heller advised appellant to compromise, and told him that appellee would not rest until he got his car back, and that it would cost them both a lot of money, when appellant answered that he had $1,000 to spend if appellee had.
There is much other evidence, and the evidence is conflicting as to the ownership of the automobile, but the foregoing evidence was sufficient to sustain the judgment.
We have examined each of the instructions given by the court, and we hold that as a whole they state the law of the case, and that the jury could not have been misled thereby.
We find no reversible error. Judgment affirmed.