Dunning v. Posten

The opinion of the court was delivered by

Marshall, J.:

This is an action to recover specific personal property. Judgment was rendered against the plaintiff and in favor of defendants Roundtree and Bisel on their motions for judgment on the pleadings. The plaintiff appeals.

The plaintiff’s pleadings consisted of an ordinary petition and affidavit in replevin. The action .was dismissed as to defendant W. H. Posten. Defendants Roundtree and Bisel filed, separate answers. Each of these answers disclosed the follow*117ing facts: That on September 9, 1915, defendant Bisel commenced an action on a…