Pruka v. Maroushek

Plaintiff appeals from an order denying his motion for a new trial.

He sued in replevin to recover a dozen sheep. Defendant answered that the sheep had been distrained by him for doing damage on his land and that he had caused the damages to be assessed as provided by the statute, G. S. 1923 (2 Mason, 1927) §§ 7274-7282; that the damages had not been paid; and that he was entitled to hold the sheep until the damages were paid or the sheep sold to pay them. Defendant recovered a verdict that he was entitled to the possession of the sheep, of the value of $120.

It developed by the evidence that…