Dorney v. Ives

This was an action of replevin brought in the district court of the sixth judicial district. The case was answered on the return day, May 19,1913, and the defendant thereafter filed special pleas, by agreement of counsel,' September 5, 1913; the case stood continued by agreement until September 9,1913, when the following entry was made: “September 9, 1913. By agreement, decision for the defendant for return and restoration, $25 and costs. Nathan M. Wright, Clerk.”

Within two days thereafter the plaintiff claimed a jury trial and paid the costs taxed by the clerk, and on September 12, 1913, the…