Monk v. Jackson

1. The petition in trover, when legally construed, and as admitted by counsel for the plaintiff in error, was brought by the plaintiff in his own name, and yet it showed the title to the property sued for in another person, and failed to show any right of possession in the plaintiff. The petition was therefore fatally defective, and the court did not err in dismissing it on an oral motion by the defendant.

2. Although the bill of exceptions shows that before the motion to dismiss was made, the plaintiff introduced testimony tending to show a right of possession in him, and, further, that he…