Christie v. Barnes

The opinion of the court was delivered by

Valentine, J.:

This was an action of replevin, brought by Thomas S. Christie and Isaac DeGraff, copartners under the firm-name of Christie and DeGraff, against Charles R. Barnes, for the recovery of a steam engine. The action was tried before the court and a jury, and when the plaintiffs had introduced their evidence and rested, the defendant demurred to the evidence upon the ground that it did “not prove the cause of action set forth in the petition.” The court sustained the demurrer, to which ruling the plaintiffs excepted; and, as plaintiffs in…