Ash v. Kilander

The plaintiff John W. Ash, Jr., brought this action in replevin to recover possession of a river dredge named Omar from the defendant LeRoy Kilander. The jury returned a verdict for the defendant, which included damages for the wrongful detention of the dredge, and the plaintiff appeals.

The plaintiff’s first assignment of error is based upon the failure of the trial court to sustain his demurrer to that portion of the affirmative answer which set forth prior litigation between these parties.

*440The trial court was not in error if the allegations presented an issue of defense to plaintiff’s claim…