Lazare's v. Peytavin

This case was remanded from this court in April, 1821. 9 Martin, 566.

There was judgment for the plaintiff, and the defendant appealed.

His counsel urges, that the judgment was pronounced on a special verdict, grounded on the testimony of one single witness, while the contract, which was thus proven, exceeded in value the sum of $500.

Admitting this, the defendant's counsel, at *685the close of the plaintiff's testimony in the district court, ought to have moved for a non-suit, or requested the court to charge the jury that there was no legal proof before them—or have moved for a new trial, on the…