Horning v. McGill

— This action was in replevin, brought by appellant against appellee before a justice of the peace. Appeal was taken to the circuit court. The complaint in one paragraph alleges unlawful detention of personal property, which complaint was answered in three paragraphs. Demurrer to second and third paragraphs of answer was sustained. Appellee then filed his amended second paragraph of answer. Upon the issues so joined trial was had. At the end of plaintiff’s (appellant’s) evidence appellee made a motion for a peremptory instruction to direct a verdict for defendant (appellee), which was…