#### A. S. Hall, Appellee, v. Herbert D. Blakemore, Appellant.

Gen. No. 5,791.

(Not to be reported in full.)

Appeal from the Circuit Court of Rock Island, county; the Hon. Robert W. Olmsted, Judge, presiding. Heard in this court at the April term, 1913.

Affirmed.

Opinion filed August 2, 1913.

Statement of the Case.

Replevin by A. S. Hall against Herbert D. Blake-*20more to recover possession of a typewriter alleged to have been loaned defendant by plaintiff. The typewriter not having been found, the action was changed to trover. From a judgment in favor of plaintiff for forty dollars, defendant appeals.

Abstract of the Decision.

1. Troves, § 39 * —proof of plaintiff’s ownership. Plaintiff sufficiently proves his ownership by showing that he remitted the pricq thereof to the original owner, in the absence of proof that remittance had been returned or the transaction repudiated.

2. Troves, § 38 * —when affidavit in former replevin^suit not competent. An affidavit for replevin in a former suit by a different party not competent on issue of ownership.

3. Trover, § 38 * —when evidence of a prior suit inadmissible. Evidence offered by defendant of a prior replevin suit brought against him by a different party for different property, held, inadmissible.

4. Appeal and error, § 1506 * —when exclusion of question on cross-examination, not reversible error. Refusal of court to allow certain questions to be answered by a witness on cross-examination cannot be complained of where the party afterwards has opportunity to question the witness with reference thereto on direct examination and fails to do so.

J. T. & S. R. Kenworthy, for appellant.

Adair Pleasants, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Dibell

delivered the opinion of the court.