Lucket v. Bohannon

OPINION of the Court, by

Judge Owsley

— This was an action of assumpsit, brought by Bohannon against Lucket in the court below. The declaration contains three counts, and on the trial in that court a motion was made to instruct the jury to disregard the first count, on grounds of its being defective. The motion was overruled and verdict and judgment obtained in favor of Bohannon. Lucket then prosecuted an appeal to this court, where the declaration was adjudged sufficient, but for other errors apparent on the record reversed the judgment and remanded the cause to the court below ^or a new…