Johnson v. Byrd

Grirrin' Smith, G. J.

March 13, 1941, J. W. Johnson filed suit in replevin, alleging ownership of a red heifer claimed by O. T. Byrd. A six-man jury in the justice court of Jeff White found in the plaintiff’s favor. Judgment was for the heifer and $15. Johnson had alleged the heifer to be worth $15, and had asked $30' as damages.

On appeal a circuit court jury found for the defendant (Byrd) “$50 or the calf in question.”

Three errors (copied in the margin) 1 are urged.

First. — Appellee testified he got the heifer from a brother about March 15, 1939, and took it home. The calf was born in April,…