Lung v. Deal

Lung sued Deal before a justice of the peace, alleging in his complaint, that on February 9, 1858, the defendant wilfully shot and killed a certain dog, the property of the plaintiff, of the value of $20; for which sum he demands judgment. Before the justice, the plaintiff recovered a judgment, and the defendant appealed. In the Circuit Court there was a verdict for the defendant, upon which, over a motion for a new trial, there was judgment, &c. The plaintiff, at the proper time, moved this instruction: “The defendant had no right to kill the dog, unless he was found running or worrying…