Sutton v. Masterson

delivered tbe opinion of tbe court.

Tbis is an appeal by defendant from a judgment in favor of plaintiff, in an action in claim and delivery, involving tbe ownership of an automobile.

Tbe complaint is in tbe usual form in sucb actions. At tbe time of tbe commencement of tbe action plaintiff filed an affidavit and undertaking, and tbe automobile was taken from defendant’s possession by tbe sheriff. Upon tbe trial and at tbe close of plaintiff’s case, defendant’s motion for nonsuit was denied; be declined to introduce evidence, and plaintiff’s motion for directed verdict was granted. Judgment was…