Nicholas v. Latham

The opinion of the court was delivered by

Fatzer, J.:

This was an action in replevin to recover possession of an automobile. The trial was had by a jury, which found for defendants. This appeal is from an order granting plaintiff a new trial and setting aside an answer to a special question.

The pleadings may be summarized as follows: The petition alleged that defendants (appellants) Marshall H. Latham and Bernice E. Latham are husband and wife; that they executed and delivered to plaintiff (appellee) the promissory note and chattel mortgage in question; that the chattel mortgage was duly…