Matthews v. Redwine

Decided October 15, 1852

Mississippi Supreme Court · decided 1852-10-15

In error from the circuit court of La Fayette county; Hon. Hugh R. Miller, judge. This was a suit instituted in the circuit, court of La Fayette county, by S. B. Redwine against Matthews and Addington, to recover the value of a horse which had been sold by Matthews, as constable, under an execution issued on a judgment rendered in the justices’ court in favor of Addington against Redwine.

Cited by 1 later decisions — most recently April 1873

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-10-15

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Mr. Justice FisheR

¶1delivered the opinion of the court.

¶2This was an action in the circuit court of La Fayette county, by the defendant in error against the plaintiffs in error, to recover the value of a certain horse, which the defendant in error alleges was exempt by law from execution, and which was by the plaintiffs in error levied on and sold, by virtue of an execution against the defendant in error.

¶3The evidence fully sustains the verdict of the jury, which *101was for the plaintiff below. The only question seriously urged is, that the evidence does not sufficiently show that the horse was a plough horse. The court instructed the jury that they might, without positive evidence, infer that the horse was a plough horse, and that if he was adapted to this business it was sufficient, without showing that he had been thus used.

¶4These instructions are correct in principle, and are adapted to the evidence introduced on the trial.

¶5Judgment affirmed.