Hutchins v. Elmer

Elmer, who was the plaintiff,«brought this action against JEEutchins, alleging in his complaint that the defendant on, &e., at, &c., unlawfully, &e., broke and entered the plaintiff’s close, to his damage, &c.

The issues were tried by the Court, who found for the plaintiff. Hew trial refused and judgment.

The only error assigned on the record is that the finding of the Court is not sustained by the evidence. There is a hill of exceptions which, after setting forth certain oral testimony, concludes thus: “ which was all the testimony given in the cause.” This averment does not meet the…