Hopkinson v. Conley

The opinion of the court was delivered by

BURCH, J.:

In an action brought before a justice of the peace the plaintiff recovered damages for the value of a quantity of unshucked corn injured and destroyed *66by trespassing cattle belonging to the defendants. Upon appeal by the defendants to the district court the plaintiff was again successful, the jury returning a verdict in his favor for $24.75. The defendants prosecute this proceeding in error, claiming the case was tried upon a theory not presented by the plaintiff’s pleading and that a counter-claim was wrongfully rejected.

The plaintiff was…