Legal Opinion

Whitten v. Kemp

Indiana Court of Appeals

Decided February 16, 1922No. 11,193PublishedCited by 2 opinions

From Dubois Circuit Court; John L. Dillon, Judge. Action by George A. Kemp against Elijah “Boss” Whitten. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtNichols, J.

Action in replevin by appellee against appellant, with bond for the immediate possession of an automobile.

It was averred in appellee’s verified complaint that the automobile was the property of appellee, and that it had been wrongfully taken, and was being unlawfully detained by appellant. There was an answer in denial, trial by jury, and a verdict for appellee upon which, after motion for a new trial was overruled, this appeal.

The only error assigned is the action of the court in overruling the motion for a new trial.

1. It is well established by numerous authorities, both of the Supreme…

2Cases cited10 opinions

  1. Diamond Block Coal Co. v. CuthbertsonIndiana Supreme Court · 1906
  2. Knoefel v. AtkinsIndiana Court of Appeals · 1907
  3. Toney v. ToneyIndiana Supreme Court · 1880
  4. Ferguson v. HullIndiana Supreme Court · 1894
  5. Indiana Manufacturing Co. v. PorterIndiana Supreme Court · 1881

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3Cited by2 opinions

  1. Hays v. BurnsIndiana Court of Appeals · 1939
  2. Jordan v. JordanIndiana Court of Appeals · 1922

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