Kelly v. Altemus

Replevin before a justice of tbe peace, by Altemus against Kelly, to recover a chest of tools. It was taken under the writ, detained by the officer three days,, and then delivered to plaintiff. Verdict and judgment for the plaintiff, with $25 damages and cost, from which Kelly appealed to the circuit court.

Upon a trial de novo, there, the plaintiff again had a verdict and judgment against defendant and his sureties on the appeal bond, for $28 damages and cost. There was a motion for a new trial, which was overruled upon a remittitur by plaintiff of half the damages — bill of exceptions and…