Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-04-01
WEDNESDAY MORNING.

Court opened pursuant to adjournment,
when the Vivian Us Otis case was again
taken up. Mr.. Cobb wished for further
time to try and settle with the County
Board, which would be in session to-day.
THIS case was dropped for the present and
the case of Schafur and Kiefer us. B. De-
rix Mr.. Wilson for defendant, Mr. W eber
for plaintiff. Jury called. This was a
garnishee suit against Theno, which had
been tried in justices court and decision
given against Derix who had taken an APP
peal. Several witnesses were called, from
which it appeared that Derix was indebted
to Schafer and Kiefer in about $50; that
he had sold his saloon and butcher shop
to Theno, and gone to work for him. The
suit was brought with the idea that Theno
was owing Derix money enough to settle
his Indebtedness with Schafer and Kiefer,
but this was not proved by the evidence.
The court adjourned for dinner, and du.
ring the recess the case was settled
The case of Francis Vivian VS.. Geo. H.
Otis was settled.by arrangements with the
county board, wherein the suits against
Otis were withdrawn, and time given by
the board until September next to exam
inc the books and make a final adjustment
of the matter, all of which will appear in
the proceedings of the board next week.
The case of James Kennedy VS.. Christie
pher Bowden-action for trespass.
This was an action by the plaintiff
against the defendant for trespass commit
ted by 32 sheep and | colt on field of
oats owned by Kennedy. The action was
commenced in justices court, in the town
of Mineral Point, on the 18th day of June,
1869, and was tried by a jury of six men,
whose verdict was, mo cause Of action"
The plaintiff appealed to the circuit court,
having laid his damages at $25, and the
case came on to be heard, Alex Wilson,
attorney for plaintiff, and f. P. Weber for
defendant. A jury was impanneled con-
sisting of the following persons:
Henry Rowe, John \. lemon, Hugh McCutchin
Robert Hamilton, Joseph Van Meter, B. Gabler JOS
Gilman, William Elliott, Richard Prideaux, John
CORN, William Ii. Hooking George W. Jones.
The plaintiff drove the sheep from his
field, but distrained the colt in his stable,
and in his absence the defendant kicked
down the stable door and retook the colt,
within "a hours after it had been distrain-
ed. The defendant claimed as an off. set
for damages, the damage alleged to have
been done 70 the colt by the plaintiff in
distraining it, but as no damage was pro-
ven, the court ruled, that "the defendant
having failed to prove any specific damage
was not entitled to any"
The plaintiff testified the damage to the
oats by the 32 sheep would amount to rs
cents per head. After the closing of the
testimony and arguments by counsel, the
court gave the following statement and in
structicns to the jury:
"The paintffsue defendant to recover for damages
alleged TO have been done by the defendants sheep
and colt to fields of oats. The law requires every
owner of domestic animals to keep them on his own
premises, and if they escape and do damage en-
closure of another the owner is resposibe for that
damage.
| Any person may tale up domestic animal tres
vessg his enclosure and retain the animal for the