Rogers v. Mitchell

WRIGHT, Presiding Judge.

This is an appeal from a judgment in a detinue action.

This action was brought by appellee against appellant for possession of certain personal property. It was consolidated with other actions involving a real estate lease between the parties. No proof of alternate value of the property was made and neither the jury verdict nor the judgment for the plaintiff made an alternate value assessment. Appellant’s motion for J.N.O.V. was overruled.

The issue is whether a judgment for the plaintiff in a detinue action may stand if the judgment fails to assess alternate value and…