Keller v. McMahan

Morris, C.

This was an action of replevin brought by the appellant to recover the possession of a quantity of personal property. The cause was submitted to the court for trial upon an agreed statement of facts. The court found for the appellee, and, over a motion for a new trial, rendered judgment in his favor.

The overruling of the motion for a new trial is assigned as error. The facts agreed upon are made part of the record by bill of exceptions.

The agreed statement of facts is substantially as follows: The Madison and New Columbus Turnpike Company commenced a suit against the appellant…