Ropes v. Eldridge

Carter, J.:

The appellant, plaintiff in the court below, brought an action of assumpsit against appellee, defendant in the court below. Pleas were filed, issues joined and a trial by jury entered upon September 20, 1889. During the trial exceptions were taken to certain rulings of the Circuit Judge, which rulings are here assigned as errors. By reason of these rulings the plaintiff moved the court for leave to withdraw a juror and enter a nonsuit, and an appeal was then taken to the next term of this court. The appellee filed no brief in this court, but appellant submitted the case on brief at…