Fenley v. Garvin

The opinion of the court was delivered by

West, J.;

The defendant appeals from a judgment rendered on the pleadings and the opening statement of his counsel.

In October, 1917, W. H. Fenley sued the defendant in replevin, alleging that he was entitled to the immediate possession of a Ford roadster, a pair of mules, a Bain wagon and work harness, and certain money then alleged to be on deposit. It was averred that the plaintiff’s son, Franklin Walton Fenley, having been called to serve in the world war, had left this property for safe-keeping in the hands of the defendant, who refused to turn it…