Johnson v. Terry

THREET, Justice.

This is a replevin action brought by appellee against appellant under 1941 Comp., Sec. 25-1507, being trial court rule 105-1706A. Appellee alleged that he was the owner and entitled to the immediate possession of certain mining machinery, and that the appellant wrongfully and unlawfully withheld and detained the property from him. He prayed for the recovery of the property, or, in the alternative, that, in case the property could not be delivered, to recover the value thereof, together with damages for the removal and wrongful and unlawful detention of it. Appellee waived the…