State ex rel. Stock Inspection Commissioners v. Nelson

Action in replevin brought by plaintiff to recover three steers. The complaint alleged inter alia: That the steers were estrays and not the property of defendant. Defendant answered setting up a claim of ownership and the right to possession. Some time before the trial, the firm of Clayton & Murnan intervened in the action, claiming ownership and right of possession of the steers in question. Trial had; verdict and judgment for defendant.

Plaintiff moved for a new trial, setting forth as the only grounds therefor: (1) That the court erred in giving certain instructions. (2) That the court…