Jones v. Coley

GARDNER, J:

Action of detinue for the recovery of a mule. ' There was verdict and judgment for plaintiff, and .defendant 'appeals.

Each of the parties to this suit had lost a mule, and each is emphatic the mule sued for is his Own. The sole question of fact related to the identity of the mule, and the-evidence was in sharp conflict. During the progress of the trial, by agreement of counsel the jury inspected the mule then in the courthouse yards. We see no objection in tbe court permitting plaintiff to state that tbe mule inspected on that day was not in as good condition as it was when he saw…