Freehill v. Hueni

This was an action brought by M. F. Freehill against John Hueñi, in which plaintiff appeals from a judgment against him for costs. The pleadings are confused, but wo deem it sufficient to say the case was tried by both parties upon the theory that two counts in trover were restored to the declaration by the withdrawal of counts in trespass, after a demurrer had been sustained to the entire declaration for a misjoinder of counts. Pleas to one of the counts in trespass went out of the record when that count was withdrawn. After the counts in trover were so restored it was by agreement ordered,…