Whatley v. Taylor

This is an action of detiune for a mule, commenced in the justice of the peace court by E. K. Taylor against Rufus J. Whatley. There was judgment in favor of the defendant in that court, and from it, the plaintiff appealed to the circuit court. The circuit court on verdict of a jury rendered judgment in fayor of the plaintiff, and from it, this apioeal is prosecuted by the defendant.

The plaintiff asked, and the court gave, this written charge to the jury:

“The court -instructs the jury that if you believe all the' evidence in this case, you will find for the plaintiff.’’

The defendant asked,…