Morris v. Vulgamott

Mr. Presiding Justice

Willis delivered the opinion of the court.

Appellant sued appellee in an action on the case for deceit in a horse trade and afterwards filed a declaration in assumpsit and, still later, filed a motion to change the form of action from case to assumpsit. That motion was never acted upon by the court, but defendant filed a plea of non assumpsit and issues were joined on that plea. There was a jury trial and, at the close of plaintiff’s evidence, the court directed a verdict for defendant, denied a motion for a new trial, and entered judgment against plaintiff below for…