Tolbert v. Miller

This was an action commenced before a justice of the peace by the appellant against the appellee to recover possession of a dark gray mare alleged in the complaint to be of the value of $60. In the return of the writ, it was stated by the officer that the property was not found. The appellee appeared before the justice, who rendered judgment as follows: “It is therefore considered and adjudged that the plaintiff recover of the defendant, Jacob Miller, the said gray mare, and the cost of this suit, or <$60 as damages, and the cost of this suit.”

The defendant appealed to the court below, where…