Berry v. Jackson

An action of bail-trover was brought by Jackson against Berry, to recover possession of a horse. The defendant .gave bond, and filed a plea in which he admitted the possession of the horse, but denied the plaintiff’s right to a recovery. When the case was called for trial, he offered to file a special plea, in which lie asked that the surety on his bond be made a party defendant to the case, and sought to set up in defense to the plaintiff’s action a discharge in bankruptcy granted to him by the United States district court for the southern district of Georgia while the trover suit was…