Gillespie v. O'Neil

WATSON, Chief Justice.

This is an appeal from a final judgment for $2,755 rendered as the value of cattle replevined ; the plaintiff having failed in his claim of ownership.

The suit was commenced by Gillespie as administrator, on a claim that the cattle were owned by his intestate. Comp. St. 1929, § 45-601, was therefore applicable. This appeal is based entirely upon the theory that the learned trial judge, in holding appellee rather than appellant’s intestate to have been owner of the cattle, violated the rule generally referred to as regarding “matters equally within the knowledge of the…