Roberts v. Norris

This was au action of replevin for a certain mare, buggy and harness, brought by the appellee, Norris, against the appellant, Roberts, before a justice of the peace, and appealed to the circuit court.

Before the justice, the defendant pleaded in bar of the action, in substance, that, before the bringing of the action, the plaintiff had brought an action of replevin for the same property, against the defendant, before a j ustiee of the' peace of the county, which had been taken by appeal to the circuit court of said county, where the cause was tried upon its merits, and the defendant obtained a…