Werner, Mosiman & Co. v. Winzer

The opinion of the court was delivered by

Dawson, J.:

In this action the plaintiffs were given judgment in replevin for the possession of an automobile, or its value, $1,728.

The defendants complain of two peremptory instructions given by the trial court:

“(No. 1.) . . . at the time of the commencement of the action the plaintiffs were the owners of and entitled to the possession of the automobile in controversy.

“(No. 2.) . . . the undisputed evidence in this case shows that at the time of the cpmmencement of this action the automobile in question was of the value of $1,728.”

The correctness of…