McNemar v. Cohn

delivered the opinion of the court."

Appellants were plaintiffs below in an action of trespass on the case. The suit was brought against appellee and Lilia Cohn, his wife. At the close of the evidence on the part of plaintiffs they dismissed their suit as to the defendant Lilia Cohn, and thereupon on motion, of defendant Philip Cohn, the court directed the jury to find for the defendant, which was done, and judgment entered against the plaintiffs for costs.

The declaration as it now stands contains four counts, two of which, the first and fourth, charge that defendant kindled or caused to be…