Wolcott v. Heath

Although this action was commenced in replevin, by stipulation the controversy has exclusive relation to the state of the accounts between the parties. It was agreed, if it should be found, on the trial, that plaintiff was indebted to defendants in a sum exceeding $501.85, judgment should be rendered in their favor, and against plaintiff, for any sum in excess of that amount; otherwise, judgment was to be for plaintiff. The jury found the issues for plaintiff, and defendants bring the cause to this court on error.

The verdict in this case can not be regarded as settling any of the controverted…