SQUIRE ATTOM'S DECISIONS IX. Although the defendant has admit ted by his payment of $125.00 that the prop erty, including the animal, is of that value, and this is $70.00 more than the plaintiff had paid on it, the judgment in favor of the plaintiff, for reasons not necessary to state, will be only $100.00. Of course the Boss will have a right of action for his balance less any damage sustained by plaintiff, whenever said Boss sees fit to re-cross and claim it. This is equitable. X. Early Ohio testified, "Dat mule am de flower ob dem all." The sparrows, if not the humming birds, doubtless opine he is as sweet as any. Furthermore, this part of Smiff's testimony might have been con fusing had there been an "S" tacked onto his pet's name. As it is, the mind of the court is relieved from wandering back and forth between the blue-grass knolls of Ken
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tucky and the "hee-haw" pens of St. Louis in locating the native soil of the flora bear ing so commercial looking a brand. Still further, and to continue the story, the wit ness says, "So Ah dremp in dis heah dream dat Ah tol' dese ge'men dat Misteh Snideh guv meh dat mule fur curin' him." And this reminds the court to say, that the de fendant may pay Mr. Smiff $5.00 or turn over to him XXXX Maud with a good new shoe in the place of the one pried out of the remains of the power — no feed or care de ducted — and save costs in suit at the in stance of the owner of "meh mule," if he so elects. Otherwise the constable will see to it. And this, it is apprehended, is equity. SNAP JUDGMENT REVERSED, and Judgment in favor of Smiff ANTICIPATED. DAVENPORT, IA., September, 1906.
