Peters v. Hanger

McDOWELL, District Judge.

The former opinion of this court will be found in 127 Fed. 820, 62 C. C. A. 498. The defendant in error was the plaintiff below, and will be hereafter referred to as the plaintiff, and the plaintiff in error as the defendant.

In the declaration it is alleged:

“And the plaintiff further says that the defendant, well knowing the premises, but contriving to injure the plaintiff, heretofore, to wit, since the 11th day of October, 1896, and up to the 3d day of October, 1902, * * * has unlawfully,” etc.

The writ was issued October 6, 1902. No evidence was introduced on the…