Rosecrans v. Asay

This is an action to recover the possession of certain personal property. The petition contains the usual allegations in replevin, and prays damages for the unlawful detention and for the loss and injury to the property. The answer consists of a general denial. There was a trial to the court, with findings and judgment for the plaintiff, her damages being assessed at $500. Upon a motion for a new trial a remittitur for $250 was required to be, and was, filed by plaintiff as a condition of sustain*513ing the judgment, for a like sum. The defendant prosecutes error.

Three grounds are relied upon for…