Fleeson v. Whitcomb

The opinion of the court- was delivered by

Marshall, J.:

This action is one in replevin to recover the possession of. an airplane. Judgment was rendered in favor of the plaintiff, and defendant Wallace Whitcomb appeals.

A jury was impaneled. Evidence for both plaintiff and the defendants was introduced, and at the close of that evidence the court instructed the jury to return a verdict in favor of the plaintiff, which was sdone, giving to the plaintiff- the airplane or the sum of $360.

*2141. The principal matter complained of is the sufficiency of the evidence to warrant the court in instructing the…