Daniels v. Franklin

This is an action of replevin. Defendant in error was plaintiff below and plaintiff in error was defendant. They will be referred to hereafter in this opinion respectively as plaintiff and defendant. There was a trial to a jury, but the court at the conclusion of the evidence peremptorily instructed the jury to return a verdict in favor of plaintiff. There is but little, if anjq conflict in the evidence; and the facts are substantially as follows: Plaintiff raised the horse in controveray, and he was continuously in plaintiffs possession until a short time before the institution of this…