C. G. Aschmann & Co. ex rel. Caesar & Co. v. Banks Bros.

Lewis, J.,

Counsel for the defendants present for our consideration four questions in connection with their motions for judgment n. o. v. and a new trial, the jury having returned a verdict in favor of plaintiffs. The nature of the case as well as some of its facts will be found in an opinion rendered when the matter was before us on preliminary questions (Caesar & Co. v. Banks Bros., 7 D. & C. 212). The points now raised are;

1. Where a suit is begun by a writ of attachment under the Act of 1869 on a contract before the term of credit provided for therein has expired, must not a verdict be…