Smith v. Clements

WRIGHT, Judge.

This matter arose out of a suit in detinue filed by the co-executors of the estate of John D. Smith against appellee, Catherine Clements. Prior, or during trial by jury, all items of property originally included in the suit were struck by plaintiffs, except a 1966 Plymouth Station Wagon. Defendant executed a replevin bond and kept possession of the vehicle. Demurrer was filed. No ruling appears of record. An instrument headed “ANSWER” was filed by defendant saying,

“1. Not guilty.

“2. General issue.”

This was in fact, plea rather than answer. The instrument further averred that the…