Wall v. Rouse

This was an action in "replevin appealed from a justice’s court to the county court and thence for review to this court. The plaintiff and defendant each claimed ownership and right of immediate possession to the property involved .(two cows and their calves) ; and upon a trial of this issue to a jury in the county court a verdict and judgment for the defendant resulted. The trial court erroneously instructed the jury to the effect that their verdict should be for the defendant unless they should find from a preponderance of the evidence that plaintiff, before commencing his action, had…