Marietta Mining Co. v. Armstrong

1. Under repeated rulings of this court an assignment, of error upon the refusal of the court to award a nonsuit will hot be considered where the case proceeded to a verdict, and the defendant excepted to the overruling of the motion for a new trial, which included the ground that the verdict in favor of the plaintiff was contrary to the evidence and without evidence to support it.

2. “Where one wrongfully takes the personal property of another and converts the same to his own use in some other manner than by a sale, and does not receive any money therefor, the owner has a right of action ex…