Penn v. Brashear

This suit is touching the possession of a sewing machine, and was instituted before a justice of the peace under the provisions of section 6185 of the Revised Statutes. The machine was not taken from the possession of the defendants, and there was no evidence tending to show that it was in defendants’ possession when the suit was instituted. Upon the trial of the cause in the circuit court before a jury, the plaintiff recovered judgment for the possession of the machine or its ascertained value, fixed by the jury at $25. The defendants appeal, and assign for error the refusal of the court to…