Priddy v. Dodd

Priddy brought replevin against Dodd for a horse. Plea, property in the defendant. Replication, that the property was not, at, &c., the property of the defendant, but of the plaintiff, &c., concluding to the country. On this issue the cause was submitted to a jury. Verdict and judgment for the defendant.

A motion for a new trial made at the proper time was overruled. The evidence is all set out in a bill of exceptions.

The plaintiff rested his motion for a new trial solely on his own affidavit, setting out for cause, &c., that he was taken by surprise by the evidence of one of the defendant’s…