Hubenka v. Vach

Sullivan, C.' J.

This action was brought to recover possession of certain crops raised by John Vach upon the farm of Emanuel Hubenka in Cuming county in the year 1898. The petition was in the usual form, alleging absolute ownership of the property in the plaintiff. The answer was a general denial. At the conclusion of the evidence the court was of opinion that the plaintiff had fathed to make a case, and directed the jury to return a verdict against him.

Of the numerous errors assigned, only two have been thought worthy of discussion by counsel. The first contention is that the court erfed in…