Roth v. Smith

This was an action brought by Roth against Smith, for having procured the arrest and imprisonment of the plaintiff during the late war, on the charge of discouraging enlistments. The jury found for the defendant, and the plaintiff has appealed from the judgment rendered on the verdict.

The first point made in the brief of appellant’s counsel is, that the court should have permitted to be read in evidence the testimony of a deceased witness at a former trial, as embodied in the bill of exceptions taken at that trial. In excluding this testimony there was no error. What the deceased witness…