Carney v. Doyle

By the Court,

Paine, J.

This action was brought before a justice of the peace to recover possession of some hogs. After the trial the justice decided that the hogs should be delivered to the plaintiff, and the defendant should pay the costs. The defendant appealed to the county court, and it appears to have been submitted to the judge, by consent, upon the papers returned by the justice. Some question was made upon the argument as to whether the statement in the record that this was done by consent, was true or not. But we think even if there had been no consent, that the case was properly one…