Hammond v. Thompson

This action was instituted by plaintiff to secure possession of certain personal property used in and about the conduct of a hotel and saloon. Some of the property described in the complaint was seized by the sheriff and delivered to the plaintiff. The defendants by answer denied plaintiff’s title or right of possession, asserted title in themselves, claimed a return of the property seized, and damages for the wrongful detention.

Upon the trial plaintiff failed to make out his case and a non-suit was granted. The trial proceeded upon the affirmative defense — so-called counterclaim — and the…