Stuart v. Harris

Mr. J ustice Gary

delivered the opinion of the Court.

By a motion for a new trial, and by instructions given for the appellee, the question is presented whether there is in the case any competent evidence of the cause of action upon which the appellee recovered; for, if there be no such evidence,the motion for a new trial should have been granted, and the instructions given upon the assumption that there was such evidence should not have been given.

The suit was by the appellee in trover against the appellant for money taken—as was said—by the appellant from the appellee.

The testimony to prove…