Williams v. Kessler

Newcomb, C.

The appellant was plaintiff, and the appellee defendant, in an action of replevin in the Noble Circuit Court. The defendant answered by a general denial, to which was added a prayer for a return of the property, or the value-thereof in case a return could not be had, and damages for its detention, etc. The cause was called for trial on October 23d, 1878, and, the plaintiff being absent, his attorney withdrew from the case. Thereupon, on defendant’s motion, the court defaulted the plaintiff, dismissed his action, and proceeded to try-the cause upon the defendant’s answer and claim…