Benton v. Benton

With the intention of proceeding under section 6-2-603 of the Code of 1933, L. O. Benton filed a complaint with *622a justice of the peace, wherein he averred that Hamp Benton and Tennie Benton had “impounded 33 head of cattle belonging to . . petitioner;” that “his cattle were maliciously turned out and upon” the land of said Hamp and Tennie Benton “without fault of petitioner;” that Hamp and Tennie Benton were demanding “$1 per head damages;” that “there were no damages by his cattle ;” and that “the damage assessed is exorbitant.” Petitioner prays that “the damage be assessed by this court,”…