Bogestad v. Bothum

Dell, Chief Justice.

This is an action in replevin for the recovery of a Toro Zipper mowing machine, together with $35 damages for its alleged wrongful detention and $25 for its use. In his complaint plaintiff alleged that he was the owner of the mowing machine; that the defendant had wrongfully detained the same from June 1, 1951; and that demand for its return had been made on the defendant on September 15,1951. At the time of the commencement of the action, plaintiff took possession of the mowing machine under the provisional remedy of claim and delivery.

Defendant interposed an answer in…