Scarry v. Bennett

This action was commenced before a justice of the peace by Mary A. Scarry against Horace F. Bennett for the replevin of personal property.

The cause was taken to the Marion Superior Court on appeal, where it was tried in special term, and resulted in a verdict and judgment for the plaintiff. •

A motion for a new trial was filed and overruled, and the cause was appealed to the general term of said court, where the judgment was reversed and a new trial ordered. This appeal presents for decision the ruling of the court in general term directing a new trial of the cause.

The only question involved…