Hickman v. Jones

Morning, District Judge.

This is a replevin action by plaintiff, Samuel M. Hickman, against defendant, 'Charles Jones, to recover a quantity of prairie hay. At the close of the evidence, at the trial in the district court, the defendant moved for a directed verdict, which motion was overruled. Thereupon *467plaintiff moved the court to direct a verdict in his favor, which motion was sustained, and there was a verdict and judgment accordingly. Defendant appealed to this court.

In the replevin affidavit the hay is described as “sixty tons of prairie hay standing in stacks on the north half of the…