Harvey v. Ivory

Citations

• 35 Wash. 397
• 77 P. 725
• 1904 Wash. LEXIS 462

Syllabus

<p>Replevin — Pleadings—Answer—Defendant’s Title Under a General Denial. In an action of replevin the defendant may, under a general denial of plaintiff’s title and right of possession, show title to the property in himself.</p> <p>Replevin — Judgment for Return of Property — Relief to Defendant Without Proof of Title. Where plaintiff replevins and obtains possession of property, and fails at the trial to establish his title or right thereto, upon dismissal of the action the defendant is entitled to judgment for the return of the property, or its value if return cannot be had, without allegation or proof in support of such relief.</p> <p>New Trial — Newly Discovered Evidence — Credibility of Witness. A new trial should not be granted for newly discovered evidence which merely goes to the credibility of the opposite party as a witness, rather than to the right of recovery.</p>