Leslie v. Hornung

Drew, J.,

This is a motion by plaintiff for a new trial, after binding instructions to the jury to find for the defendant.

The plaintiff brought suit before an alderman for the cause of action now at issue in this case. A hearing was held, the parties and their witnesses Were heard, the alderman found there was no cause of action and made this order: “And now, July 17, 1923, the case is dismissed and the costs of same being placed on the plaintiff.”

No appeal was taken, but, instead, plaintiff filed this case and wished to proceed de novo. Objection was made to this, and the jury was instructed…