Durham v. Wilson

Plaintiff in error brought an action in the District Court against defendant in error to recover the possession of a certain truck, and for damages. The answer denied plaintiff’s ownership and right of possession, and alleged ownership in defendant. It set up no claim either for possession or damages.

On the day of trial plaintiff moved for a continuance on the ground of an absent witness. This motion being overruled, plaintiff declined to offer any évidence. Defendant testified in his own behalf, that he was the owner of the truck; that it was taken from his possession “the day after this…