French, Potter & Wilson v. Wolf

Per Gwiam.

This suit was commenced by attachment before a Justice of the Peace, and went to the Circuit Court by appeal. On the trial in the Circurt Court, after the plaintiffs’ evidence was all in, the defendant moved to quash the attachment on the gronnd there was no evidence to support it. ■ The court thereupon said: “ The evidence will be withdrawn fro m the jury, and the jury directed to return a verdict for the defendant on the attachment, and a verdict for the plaintiff on the issue joined on the debt.”

The jury, without leaving their seats, rendered a verdict for the defendant upon the…