Genger v. Albers

Plaintiff filed an action in claim and delivery for the recovery of cattle allegedly in the possession of defendant. At the conclusion of the trial the complaint was amended, with the approval of the court, to conform with the proof and to allege conversion. Plaintiff recovered a judgment in the sum of $3,185.76 and this appeal is from the judgment. There is a purported appeal from the order denying defendant ’a motion for a new trial.

As grounds for reversal, defendant assigns error as follows: (1) that the court had no jurisdiction to render judgment on a second cause of action contained in…