WISEMAN, J.
This is an appeal on questions of law from a judgment of the Municipal Court of Dayton. The action in replevin was instituted to recover the possession of two bear cubs. At the time the action was instituted, the bears were not in the actual possession of the defendant and were not taken by the officer who served the writ.
The court proceeded to determine the right of possession of the bears and took no evidence on the matter of damages.
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