Huston v. Vail

William Huston, as surviving partner of James and William Huston, brought this suit against John B. Wail and Mary A. Wail, to foreclose a mortgage. Several paragraphs of answer, of payment and set-off, were filed, and a jury trial had, which resulted in a verdict in favor of John B. Wail, the defendant below, for two hundred and ninety-seven dollars and thirty-seven cents, against the plaintiff. Over a motion for a new trial, which was denied, and exception taken, judgment was rendered on the verdict. Appeal.

The forty-ninth cause assigned for a new trial was the alleged misconduct of John B.…