Chittenden v. Evans

Mi1. Justice Walker

delivered the opinion of the Court:

This was an action brought by appellant, before a justice of the peace, against appellee, for the recovery of a colt. The trial before the justice of the peace, resulted in a judgment in favor of defendant. The case was removed, by appeal, to the Circuit Court of Kendall county, and the venue was subsequently changed to DuPage county, where a trial was had before the court and a jury, with the same result. The case is brought to this court by appeal, and a reversal is asked on several grounds.

It is first insisted, that the court below…