Moseley v. Smith

*179Opinion by

Mr. Justice Kelley.

Smith, a feedlot operator, filed a petition to foreclose his agistor’s lien claiming $4,365.12 for wintering Moseley’s cattle. Moseley filed a separate action in replevin in an attempt to get possession of his cattle. The court restrained both parties pending consolidation of the cases and a trial on the merits. After the causes were consolidated Moseley filed a counterclaim alleging that Smith was negligent in the care and feeding of the cattle and that the damages arising out of such negligence amounted to $14,700. Following a trial to the court a judgment of…