Smith v. Dahlquist

— This action was brought to recover the value of personal property which, it is claimed, the defendants converted. After the defendants had filed their answer, they made an application to have other parties brought in and to file' a cross-complaint; which application was denied. The case went to trial before the court and a jury upon the issues made by the complaint and the answer, which contained no plea for affirmative relief. The jury returned a verdict for the defendants. The plaintiffs moved for judgment notwithstanding- the verdict and, in the alternative, for a new trial; both of…