Utley v. Railroad

This is an action commenced before a Justice of the Peace. The warrant states the cause of action as follows: “To answer the *243complaint of Lem Utley in a plea of debt due by damages” (killing a liorse).

In tbe Circuit Court, on appeal, tbe cause was beard before tbe Court and a jury, and at tbe close of plaintiff’s evidence it was demurred to,- and issue was joined on tbe demurrer, and it was sustained and suit dismissed, and tbe plain-tiff bas appealed and assigned errors.

Tbe bill of exceptions states that after tbe jury had been regularly impaneled and sworn to try tbe matters in controversy,…