Harper v. Gordon

CHIPMAN, C.

Replevin. Defendant had judgment on motion for a nonsuit upon the opening statement of counsel for plaintiff. Plaintiff appeals from the judgment by bill of exceptions.

The complaint sets forth the ordinary action of claim and delivery. Counsel for plaintiff in his opening statement stated to the court the nature of the suit; that the chattels, the subject of the action, were included in a chattel mortgage executed by defendant to plaintiff’s assignor, and that the action is one of claim and delivery, based solely on said mortgage; that “the mortgage contained a provision that the…