Monfee v. Seymore

HOLMES, Judge.

The plaintiff, Monfee, sued the defendant to recover possession of six head of cattle. The defendant, Seymore, counterclaimed, alleging that plaintiff’s cattle damaged his crops. A jury found in favor of defendant on the counterclaim and assessed damages at $1,300. Plaintiff’s motion for a new trial was denied and plaintiff appeals.

The plaintiff presents three issues for review.

The first issue is whether the trial court erred in sustaining the jury’s assessment of damages at $1,300 when there was evidence of only $1,238.88 in damages.

Defendant, in his brief, concedes the verdict…