Bostwick v. Willett

The opinion of the court was delivered by

Garrison, J.

This writ of error brings up a judgment record of the Circuit Court and certain bills of exception. The declaration consisted of the common counts, without any bill of particulars, and the ¡dea was the general issue. At the close of the plaintiff’s testimony the defendant moved for a nonsuit, which was denied, and a bill of exceptions sealed.

If the assignment of error based upon this bill of exceptions presented tire question whether the plaintiff’s testimony made out a case for the jury, the answer would have to be in the negative, for at…