Niederlehner, Gdn. v. Weatherly

This is an appeal on questions of law from the judgment entered on a second trial of this cause, an action in replevin, which has, since May of 1940, intrigued the bench and bar of this state. It is now the third appearance of the cause in this court. Report of the first appeal is found-in Niederlehner, Gdn., v. Weatherly, Chief of Police, 73 Ohio App., 33, 54 N. E. (2d), 312. The pertinent facts are therein set forth. This branch of the court wül refer only to such facts as are necessary to display the errors complained of, which are in fact three in number: First, that the judgment is…