Chesapeake Ohio Railway Company v. Johnson

Opinion op the Court by

Judge Rees

Beversing.

The appellee, who was the plaintiff below, instituted this action in the Johnson circuit court against the appellant, who was the defendant below, in which he sought to recover $1,684.80, the value of 2,106 railroad ties- belonging to the plaintiff and alleged to have been appropriated by the defendant company to its use. The defendant answered traversing the averments of the petition and, by an agreed order, the case was transferred to the equity docket, apparently under subsection 4, section 10 of the Civil Code, upon the theory that the case…