Everman v. Hyman

New, J. —

This is an action of replevin, instituted by the appellant against the appellee before a justice of the peace, to obtain possession of a horse.

*460Before the justice judgment was in favor of the appellant. Upon appeal to the circuit court there was, over the appellant’s motion for a new trial, judgment for the appellee in the following words:

££ It is therefore considered and adjudged by the court that the defendant was lawfully in the possession of the property mentioned and described in plaintiff’s complaint, to wit, one gray horse, at the date of the commencement of said action, and…