Ingham v. Mitchell

This was an action in assumpsit commenced by appellant ag’ainst appellee in the County Court of DeWitt County. The declaration contains one count, to which appellee filed the general issue and notice of set-off and payment. At the close of the evidence, the court, upon the motion of the appellee, gave the jury an instruction peremptorily directing them to find the issues for the defendant, appellee, which they accordingly did, and after overruling motion for new trial, judgment was entered in accordance with the verdict, and the appellant perfected his appeal.

Upon the trial of the cause, the…