Hill v. . Buxton

The action, begun before a justice and removed by appeal to the superior court, is for the recovery of the value of a quantity of seed-cotton taken and appropriated to the defendant’s use. A formal complaint and answer were put in, and the controverted facts submitted to a jury, whose findings are favorable to the plaintiff.

The only exception that appears in the record is to the charge of the court, given in these words:

“ If you, the jury, should find that the property was taken from- the plaintiff by force and against his will, the same being in his possession, then .the plaintiff .would be…