Northrup v. Smothers

Appellant brought this suit before a justice, and being defeated by the finding of the jury, appealed to the Circuit Court. No formal judgment was entered by the justice. In the Circuit Court a motion was made by the defendant to dismiss the suit, but on what ground does not appear. The motion was denied and the case continued. At the next term, after the jury was impaneled, the defendant asked that plaintiff be required to state his case and be confined thereto in his evidence. Plaintiff’s counsel then stated it to be that defendant turned out his hogs, knowing that they were infected with…