McWaters v. Gardner

CARR, Presiding Judge.

The counts in the complaint are in code forms for trespass, detinue and conversion.

The trial of the cause resulted in a verdict in favor of the plaintiff, assessing his damages at $500.

Under the undisputed factual issues it is evincingly clear that the verdict was in response to the count in trespass, and this on the theory that the taking of the personal property in question was not in a peaceable manner.

The evidence in the case is without material conflict. The appellant sold an automobile to one James Jackson on a conditional sales contract. While the contract was in…