Miller v. Cheney

Black, C.

— This was an action commenced before a justice of the peace upon a replevin bond executed by the appellees in an action brought by the appellee Cheney against the ap-: pellant, before a justice, for the recovery of a quantity of wheat.' Appellant recovered judgment in the case at bar for nominal damages, before the justice, and, upon appeal to the court below, a jury found in his favor, assessing his damages at one cent, and judgment was rendered on the verdict. He moved for a new trial; the motion was overruled, and this ruling alone is assigned as error.

The court instructed the…