Cincinnati Punch & Shear Co. v. Thompson

The opinion of the court was delivered by

Graves, J.:

This is an action of replevin to recover the possession of a punch-and-shear machine. The action was commenced in the district court of Atchisoh county, where a demurrer to the evidence was sustained and judgment rendered in favor of the defendant. From this judgment the-plaintiff prosecuted error to this court. (72 Kan. 432.) The judgment was reversed and the cause remanded for a new trial. Upon a retrial the defendant again recovered, and the plaintiff prosecutes error.

The plaintiff manufactures and sells punch-and-shear machines. The…