Blocker v. Boswell

Boswell brought suit in trover against Blocker in a justice’s court, for the purpose of recovering certain personal property. An appeal was had to a jury in that court, and a verdict was rendered for the defendant; whereupon plaintiff brought his petition for certiorari in Greene superior court, alleging, among other things, that the verdict was contrary to law and the evidence. The judge sustained the certiorari, and granted petitioner a new trial. The defendant in certiorari filed his bill of exceptions, alleging error in this judgment of the court.

The controlling question which arises in…