Hoiby v. Federal Motor Truck Sales Corp.

Plaintiff appeals from an order denying his motion for a new trial.

The suit is one to recover two items of personal property — what we generally refer to as a replevin action.' The case was tried to the court and findings of fact and conclusions of law made in favor of the defendant adjudging that defendant was entitled to the return of the property, or, in case return could not be made, then that defendant have judgment against the plaintiff for $1,200, the value of the property, with interest, and for costs and disbursements.

At the commencement of the suit, plaintiff received possession of…