Cincinnati & Chicago R. R. v. McFarland

Complaint by McFarland against the Cincinnati and Chicago Railroad Company, for an assessment of damages. A jury was empanneled by the sheriff, and an assessment of damages was made and returned to the proper Court. Upon such return, the code provides, 2 Gr. & H. p. 814, sec. 697, that, “Any defendant may appear and traverse any material fact therein stated in the inquest, or he may plead or show any valid matter in bar of the right of the plaintiff to hav-e the benefit of such writ, and issues of law and of fact may he made up aud tried, and the Court may adjudge costs therein, and…