W. Cleve Stokes Co. v. Rushton

BROWN, Justice.

The complaint as originally filed consisted of counts in trover, trespass and detinue. It appears from a statement in thé court’s oral charge to the jury, which was reduced to writing and incorporated in the record, that the counts in trespass and detinue were withdrawn by the plaintiff. This amendment of _ the complaint is not .■otherwise shown, and to sustain the court’s rulings on objections to the admission of evidence it will be assumed that the withdrawal of said counts was after the introduction of evidence was concluded.

Therefore, under the count in det-inue, it was…