Fisher v. Brick

Opinion by

Me., Justice Jones,

Tbe defendant appeals from a judgment entered on a jury’s verdict for tbe plaintiff in an action of assumpsit and assigns for error tbe judgment and tbe overruling of bis motion for judgment n. o. v. No motion for new trial was filed.

Not possibly could , the. learned court below have entered judgment n. o. v. for tbe defendant on tbe record in this case. The affidavit of defense admitted tbe contract of settlement, pleaded by the- plaintiff, and further conceded (by failing to deny) that a certain amount was still owing by tbe defendant to tbe plaintiff under tbe…