Lewis v. Masters

This was an action of replevin, under the statute, brought by Masters for the unlawful detainer of his goods of the value of 30 dollars. Damage, 20 dollars. The suit was commenced before a justice of the peace. Plea, non detinet. Verdict for the plaintiff for ten dollars in damages. Judgment accordingly. The defendant appealed to the Circuit Court. Verdict in the Circuit Court for the plaintiff for one cent damages, and judgment for the plaintiff for said damages, and for costs.

On the trial, the Circuit Court instructed the jury as follows: “In some cases in replevin a demand is necessary…