Russell v. Union Machinery & Supply Co.

This is an appeal from an order of the lower court denying a motion to set aside a judgment.

The facts may he briefly stated as follows: In November, 1916, the respondent brought an action against the appellant alleging that, prior to January 20, 1916, the respondent was the owner, and in possession, of a donkey engine of the value of $1,400; that, on that day, the appellant unlawfully and wrongfully converted the engine to its own use, and prayed for a judgment for its value. Thereafter the appellant filed an answer which, after general denials, alleged two affirmative defenses to the effect…