Hubbard v. Preston

On November 9, 1890, defendant shot and killed plaintiff’s dog. An action was commenced' in justice’s court, where defendant had judgment. On appeal to the circuit court for Wayne county, the cause was tried before a jury. The only question submitted to the jury on the trial in the circuit court was the value of the dog, which the jury found to be $25, and verdict and judgment were entered for that amount. Defendant brings error.

On the trial the defendant introduced testimony tending to show justification for the killing. The court permitted the testimony to be introduced, but held that it…