Mount v. Cubberly

The opinion of the Court was delivered by

Nevius, J.

This was an action of trover brought before a Justice of the Peace, by the defendant’s testator, and a judgment rendered in favor of the defendant. On appeal brought, the judgment of the justice was reversed, and a judgment rendered for the plaintiff. To reverse this latter judgment, this Certiorari is brought.

The ground upon which the plaintiff relies is an alleged defect in the state of demand. The state of demand charges, “ That some time last fall, say September or October, 1838, at &c. the plaintiff was lawfully possessed of a fine ewe…