Mitchell v. Bradberry

Blandford, Justice.

The defendant in error brought his action against plaintiff in error in a justice’s court to recover damages by reason of the fact that the plaintiff- in error had killed, or caused to be killed, certain sheep, which sheep had broken into Mitchell’s field, the same not being enclosed by a lawful fence. The justices rendered judgment in favor of Bradberry. Mitchell appealed to a jury. ■ On the trial before the jury, there was no objection made to the justices as to how the jury was constituted, and no judgment of the justices rendered thereon. The jury found for Brad-berry,…