Boller v. Davis

The opinion of the court was delivered by

Thiele, J.:

This was an action on a replevin bond to recover damages. The trial court sustained a demurrer to plaintiffs’ opening statement and they appeal.

As two actions are involved, we shall refer to the parties by their surnames. The record as abstracted discloses the following:

*179On July 19, 1945, Davis filed in the justice of the peace court a replevin affidavit alleging he was the owner of an automatic phonograph and a pinball machine of the actual value of $600 and entitled to the immediate possession thereof, and that the property was wrongfully…