White v. Gemeny

Opinion by

Strang, C.:

Action of replevin to recover the possession of a hotel ’bus. The plaintiff filed the usual petition in replevin, to which the defendant answered by a general denial; and also answered that the’bus was taken by, the defendant, a constable, on an execution issued on a judgment against the defendant. No reply was filed to the answer. The defendant moved for a judgment on the pleadings, which motion was overruled. The cause was then tried by the court without a jury, upon an agreement that if the court found the ’bus was exempt, the judgment should be for the plaintiff;…