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1 Jacob Albright, Respondent, against Mott J. Robertson, Appellant 1879

handle is hein.trials/abid0001 and id is 1 raw text is: Supreme Court. SUPREME COURT. JACOB ALBRIGHT Respondnt, A G AIN'r APPELLANT'S POINTS, MOTT J. ROBERTSON, .41plant. STATE-MENT. This action wias }rnlit to recover ,lania'es for the alleged killing, or injuring of the plaintiff s sheep by the defendant's dog. The case wa.s tirst tried in Justice's Court where the plaintiff had a verdict for . 12.50. Fols. 85-8S. The plaibdt f appealed to the County Court of Tompkins County where a new trial was had and the jury returned a verdict for just $10, in excess of that had in the Court below, to-wit, 422.511. Fol. 73. The defen- dant made a motion for a new trial upon the minutes of the presiding judge, which was denied with costs. Fols. ,4 to 96. From the order denying .aid motion, and from the judgment entered herein, the defendant brings this appeal. Fols. 96-97. In the Court below the complaint of the plaintiff alleg ed that ten sheep belonging to him were killed by the ,' defendant's dog, to the knowledge of defendant, and within six years prior to the commencement of this ac- tion. And demanded judgment for $200, and costs. Fol. 77. In the County Court the plaintiff was permitted to amend his complaint, under defendant's objection by

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