Cox v. Chester

The plaintiff brought suit in replevin, in the ordinary form, to recover possession of certain cattle belonging to the plaintiff. The .defendant pleaded the general issue, and set up—

“ That said plaintiff's cattle broke into said defendant's inclosed lot, and damaged said defendant's crops to the amount of twenty dollars, for which said defendant asks judgment against said plaintiff, together with distraining fees and costs of suit.”

The plaintiff recovered before the justice, and defendant appealed. In the circuit the case was tried before a jury. Upon the trial the plaintiff introduced…