Moseley v. Vanhooser

E. H. Ewing, Sp. J.,

delivered the opinion of the court.

This was an action of replevin for a yoke of oxen, brought by the plaintiff in error. It was submitted to the circuit judge without a jury. He was of •opinion that the proof preponderated in favor of the defendant and gave judgment accordingly. We scarcely agree with the judge in regard to the preponderance of the proof, but should not think of reversing his judgment upon this ground. The scales were too nearly balanced to justify this course, upon the well-settled practice of this court.

*287A ground, however, was taken below, and is insisted…