McCarty v. Gage

By the Court,

"Whitok, C. J.

This was an action of replevin in the cepit, for taking a “pair of horses and one two horse harness.” The plea was the general issue, with a notice of special matter of defence. The bill of exceptions is so meagre, that it is difficult to ascertain, what was in fact decided by the court below. It states that the plaintiff proved the taking, and detention of the property mentioned in the declaration, that he had no other property of the same kind, and that the horses were his only team, and the harness, the only harness he had. It further states that the “defendant…