Headen v. Rust

This was an action of trespass, commenced hy James Headen, before a justice of the peace, against Leonard H. Rust, to recover damages sustained by the trespass of the hogs of plaintiff in error. On the trial before the justice of the peace, defendant in error recovered a judgment for the sum of seven dollars and fifty cents. The case was removed to the Circuit Court by appeal, and at the September Term, 1864, a trial was had before a jury.

On the trial the plaintiff proved that the defendant’s hogs were permitted by the latter to run at large in Fairview township, Fulton county, Illinois, in…