Schleiff v. McDonald

GIVENS, J.-

— Appellant Schleiff sued respondents McDonald, Rice and DeMai to recover possession, or the value of a Reo automobile. McDonald and DeMai defaulted and Rice answered, denying that appellant was the owner and alleging ownership in himself,, and that if appellant had any interest in the ear it was by way of a mortgage.

A judgment of nonsuit on motion of respondent Rice was granted and thereafter an appeal was taken to this court, •which reversed the judgment and remanded the case for a new trial (Schleiff v. McDonald, 37 Ida. 423, 216 Pac. 1044), and at the new trial the jury…