Jones v. Dashner

Plaintiff brought replevin under chapter 289, How. Stat., in justice’s court for 23 sheep claimed to be impounded, and obtained judgment. The defendant claimed that he had lawfully impounded the sheep, and appealed to the circuit court, where he obtained verdict and judgment that he did not unlawfully detain the sheep, and also $13.63 damages, with costs of suit. The circuit judge submitted the case to the jury upon the theory that, if they found that these sheep were impounded by defendant on December 13, 1888, and that the sheep were taken up while doing damage to defendant’s wheat, the…