Thompson v. Bown Live Stock Co.

I dissent. I think this is a case of legal, and not of equitable, cognizance. It was tried twice; the first time before Judge Ritchie and a jury. It was tried and submitted by all the parties concerned as a law case. A verdict was rendered by the jury, determining the issues in favor of the plaintiffs and against the defendants, and a judgment entered thereon. On motion by the defendants, on grounds of insufficiency of the evidence to support the verdict and errors of law occurring at the trial, a new trial was granted. The case came on for retrial before Judge McCrea and a jury. The trial…