Ellis v. Berndt

The plaintiffs here had replevied certain merchandise. The answer of defendants Wormser and Frankel alleged their right to the merchandise, but the demand for relief was merely for a judgment dismissing the complaint, and did not ask for the return of the merchandise or the value thereof.

The main point of appellants is that the duty was upon the defendants to prove the value of either their special property in the merchandise, if they claimed such, or in the event that they claimed to be the general owners, that they should have proven the value of the property at the time of the trial in…