Hodson v. Warner

This was an action of replevin by the appellees, against the appellants, for a safe.

Issue, trial by jury, verdict and judgment for the plaintiffs, over motions for ,a new trial and in arrest of judgment.

The plaintiffs did not claim the immediate delivery of the safe, but left the matter to be determined by the final decision of the cause; hence no affidavit or bond was filed.

This was proper. Catterlin v. Mitchell, 27 Ind. 298.

• The ground of the motion in arrest, as we understand the brief of counsel for the appellants, is, that the complaint did not allege, that the property was detained in…