Henderson v. Hazlett

Miller, President :

This is a writ of error to the judgment below setting aside the verdict of the jury in favor of defendants and awarding plaintiff a new trial.

Plaintiff sued in detinue to recover the possession of ‘ ‘ Gay Lad”, described in the writ, “a dark bay stallion, Register No. 47879 of the value of Twelve Hundred and Fifty (1250) Dollars, and Damages $500.00 for the detention thereof.”

The defense was “non detinet”. In his opening statement to the jury plaintiff’s counsel said, in substance, that he *257understood the only question which they would be called on to try would be the amount…