Rutherford v. Church

Opinion op the Court by

Judge Richardson

Reversing.

Floyd Church and E. H. Rutherford had known each other for two or three years, during which time they had resided in the same community, in Pike county, Ky. In 1928, Rutherford owned a bale of fencing wire which was laying on the ground in his barn. He claimed that it disappeared. Thereafter he went to the home of Tom Smith, a near neighbor, and then with Smith returned to his barn, where they looked for the wire and could not find it, when he stated to Smith:

“Floyd Church took it, stole it, he took my sweater and I know he is the very damn man…