Sugg v. St. Mary's Oil Engine Co.

There was no prejudicial error in the refusal of the court to submit the issue tendered by plaintiffs, although it was the issue raised by the pleadings. The garnishee paid the amount of his indebtedness on the note into court, after the pleadings had been filed; the matter in controversy, therefore, at the trial was the ownership of the funds then in the hands of the court. The issue as submitted by the court was sufficient in form to enable the parties to present to the jury their contentions as to every phase of the matter to be determined by them. The assignment of error, with respect to…