Hedger v. Downs

JUDGE WOOD

DELIVERED THE OPINION OF THE COURT:

This was an action commenced in the circuit court by the appellee against the appellant and one John McGibbony to recover the value of a certain bay mare, alleged to have been wrongfully taken and withheld from appellee, and damages for the alleged wrong.

Process was served upon one of the defendants only — Hedger, the present appellant.

At the May term, 1858, of the Grant circuit court, the action was called and tried as to Hedger, and judgment rendered against him, without having been previously, in any 'manner, disposed of as to the other…