Person v. Civer

The defendant moves to set aside the complaint and the order of arrest in this cause. The summons contains a notice that in case of failure to answer, the plaintiff will apply to the court for relief; and it is insisted the complaint is for the recovery of money only upon contract.- But while an agreement is stated in it, the essential *140elements of the case stated are in tort. It is averred that the plaintiff owned the property in question and loaned it to the defendant; that it had been demanded of him and he had refused to deliver it, and converted it to his own use. These allegations are…