Faget v. Braxton

Appeal from Baltimore County Court. Replevin for a cow. The declaration did not allege any damage to havo been sustained by tlie plaint iff, (now appellee.) At the trial the defendant, (the appellant.) prayed the court to direct the jury, that as the plaintiff had declared the taking of the cow in question to have been in Gay-street, lrom the dwelling house of the plaintiff, it was incumbent on him, in order to entitle him to recover, not only to prove that the taking was in Gay-street,, but to prove that it was from the house of the plaintiff in that street. The court, (II. Bidgely, Ch. J.)…