Deholl v. Pim

The complaint as originally filed on September 7, 1923, contained three counts. The third count was in detinue for recovery, of certain advertisement drawings on illustration boards. To this complaint, defendants in writing, on September 15,1923, filed the plea of the general issue. During the progress of the trial of the cause (February 22, 1928), plaintiff withdrew counts 1 and 2, and rested for recovery upon the detinue count, and defendants filed on that day the plea of general issue “in short by consent.” The plea of the general issue filed September 15, 1923, remained on file throughout…