Hite v. Stimmell

*470The opinion of the court was delivered by

HortoN, C. J.:

On the 21st day of June, 1886, James Hite commenced his action against Joseph Stimmell before a justice of the peace of Brown county, to recover the possession of two steers, of the value of $63. The defendant obtained judgment before the justice of the peace, and the plaintiff appealed to the district court. The case was tried before the court with a jury, at the November term for 1886, but the jury having disagreed, the case was continued. A second trial was had with a jury at the February term of the court for 1887. The jury returned a…