Scott v. Bohe

These parties appear here in the same order as in the trial court and we hereinafter refer to them as plaintiff and defendant.

Plaintiff brought replevin to recover a picture. To review a judgment against him he prosecutes this writ and asks that it be made a supersedeas. Defendant joins him in requesting final judgment on this application.

The first question confronting us is, Was this judgment on the merits? Plaintiff says, “No”; defendant says, “Yes.”

The cause was tried to the court, taken under advisement, and written briefs filed. It was decided October 12, 1926. The record simply recites…