Ward v. Anderberg

This was an action of replevin, commenced in justice’s court, to recover possession of a horse. Defendant, in his answer, denied plaintiff’s ownership and right of possession, and alleged right of possession in himself, and demanded judgment for the return of the property, and for $100 damages for the loss of the use of it (alleged at *$1-50 per day) during the pendency of the action. Upon the trial in the district court, (to which the action was taken on appeal,) the court instructed the jury that, if they found that defendant was entitled to the possession of the property, they should…