Harris v. Hatfield

This was an action brought by Hatfield against Harris, 1o recover for damages resulting from the latter owning and having in his possession, within this State, Texas or Cherokee cattle, in violation of the statute upon that subject, approved April 16, 1869. Laws 1869, p. 402.

The plaintiff recovered and defendant appealed to this court.

One of the errors assigned is the refusal of instructions asked by the defendant. Thirteen in number were so asked, and all refused. Among them is the following one:

“ 11. The jury are instructed that, although the jury may believe, from the testimony, that the…