Cole v. Cole's administrator

OPINION of the Court, by

Judge Owsiey.

-This is an appeal from the judgment of the court below rendered for the recovery of a negro boy in an action of detinue, brought in that court by the appellee against the appellant. The errors assigned are — 1st, That the declaration is defective. 2nd, The court erred in the instructions given to the jury, as stated in the bill of exceptions filed.

The declaration contains but one count, and that is upon a special bailment of the negro by the appellee to the appellant, and the first assignment of error is made upon the supposition that a special request…