Brewer v. Murray

— Brewer commenced an action of replevin against Murray before a justice of the peace. The affidavit, filed by the plaintiff, stated his claim to a pair of oxen (describing them by their colour), and to a yoke, ring, and staple. The writ was issued accordingly. The justice rendered a judgment as follows: “It is considered that the plaintiff take nothing by his suit; but that he return the goods and chattels described in the affidavit to the defendant, according to law; and that the defendant recover of the plaintiff his costs of suit.” The plaintiff appealed. The Circuit Court, on the motion…