Salisbury v. Barton

The opinion of the court was delivered by

Greene, J. :

This action was commenced in the district court of Cowley county by defendant^ in error-*553against plaintiffs in error to recover certain personal property, the possession of which they claimed had been obtained by fraud. A trial was had arid a verdict and judgment for plaintiffs below for a return of the property or the value thereof. The defendants below prosecute this proceeding in error.

1. Unnecessary to plead fraud. After the jury had been impaneled to try the cause and the plaintiffs below had made the opening statement of their case,…