Morley v. Roach

This was originally a suit in replevin, brought by appellee against appellant, before a justice of the peace, to recover the possession of twenty-seven turkeys. The justice rendered judgment in favor of the plaintiff, whereupon the defendant appealed to the County Court. In the County Court the plaintiff elected to proceed in trover, instead of replevin, and recovered judgment for $75, from which the defendant appeals to this court.

The material facts involved, briefly stated, are as follows : Appellant, who had lost some turkeys some time before, in company with one Cass, a constable, went…