Gartside v. Pahlman

— This is a statutory proceeding to recover the possession of a horse and surrey. The defendants to the action are only nominal parties. The contest is really between the plaintiffs and Martha Gartside, their mother. At the close of the evidence the circuit court instructed the jury that, under the pleadings and evidence, the plaintiffs could not recover. Thereupon, a nonsuit was taken, and, the court having refused to set it aside, the plaintiffs have brought the case here by appeal. This action of the court presents the only important question for our determination.

The instruction…