Kohn v. Herndon

Milder, Judge:

Petitioners in an action of detinue before a justice obtained a judgment against defendant Smith, for the possession of one hog, or thirteen dollars the value thereof, as found by the justice, and costs.

In the summons in said action the value of said hog was. laid at twenty dollars, and five dollars damages for the unlawful detention thereof was also claimed, but the alternative value of the hog as adjudged by the justice was but thirteen dollars, and he gave no judgment for the damages claimed in the summons.

Upon petition of the defendant Smith, duly verified, presented within…