Johnson v. Staples

Opinion by

Stadtfeld, J.,

This is an action of replevin instituted by the plaintiff, Henry A. Johnson, against Katie Engel and Elmer Staples to recover a Chevrolet automobile. Prior to the trial of the- case, the defendant, Katie Engel, died and a suggestion of death was filed substituting Elmer Staples and Jennie Staples, executors of the last will and testament of Katie Engel as party defendants in her stead.

The case was tried before Fare, P. J., specially presiding, and the jury returned a verdict in favor of the plaintiff. The defendants thereupon moved for a new trial and for judgment n.…