Blackwell v. Acton

This was an action of replevin for three “spotted hogs,” instituted by the appellee against the appellant, before a justice of the peace. On the trial in the common pleas, on appeal from the judgment of the justice of the peace, the plaintiff offered to show, in proving his damages, how much time he had spent in endeavoring to get possession of the hogs, after he heard that the defendant had them, including the day on which he went to the justice of the peace to take out the writ in this case. The defendant objected to this evidence, on the ground that the plaintiff was only entitled to…