Proudfoot v. Clevenger

Brannon. Judge:

Action of assumpsit in the Circuit Court of Barbour county, brought by Chester W. Proudfoot in his individual right against John C. Clevenger, in which there was a jurj7, a demurrer to the evidence by defendant, a verdict finding for the plaintiff $872.52, subject to such demurrer, a judgment upon such demurrer for the plaintiff against the defendant for that amount, and a writ of error sued out by defendant, Clevenger.

It is urged by appellee’s counsel that as no motion to set aside the verdict and grant a new trial was made in the trial- • court, the appellant can not have his…