Russell & Co. v. Amundson

This action is for the recovery of the possession of personal property. At the close of the evidence, upon defendant’s request, the trial court directed the jury to return a verdict for the defendant. This instruction was excepted to, and is assigned as error in this court. The verdict, as returned, was to the effect that defendant was the owner of the property, and entitled to the possession thereof. The value of the property was not found by the jury. Upon this verdict, as soon as returned, judgment was entered in the alternative, as follows; “In case delivery cannot be had for judgment in…