Gray v. Doty

Citations

• 77 Kan. 446
• 94 P. 1008
• 1908 Kan. LEXIS 285

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Amendment-Replevin. It is within the reasonable discretion of a trial court to allow a petition in replevin based upon a claim of general ownership to be amended by setting up a claim of special ownership under a pledge to secure the payment of a debt.</p> <p>2. -Departure. A motion for judgment for the defendant and for a return of the property, because of the alleged departure in the amended petition from the cause of action stated in the original petition, was properly denied.</p> <p>3. Practice, Supreme Court — Conclusiveness of Findings — Conflicting Evidence. The jury having found, the issues for the plaintiff in answer to special questions and by the general verdict, approved by the trial court, the judgment thereon cannot be reversed merely because there was some conflict in the evidence concerning the possession of the property by the pledgee.</p>