Rainwater v. Elmore

This was an action of replevin, tried in the Circuit Court of Jefferson county, which resulted in a verdict and judgment for the plaintiff, from which the defendant appealed. It seems that about' thirty or forty witnesses were brought together by the plaintiff and the defendant, to testify as to- the identity of a horse, which was the subject of controversy. Upon the trial, the defendant moved the Court to have all the witnesses put under the rule, and presented the following affidavit in support of his motion:

“E. D. Rainwater v. Thos. A. Elmore.

“The defendant makes oath, that in order to…