Gunderson v. Sirborn

This action of assumpsit by appellee against appellants was tried before a judge and jury in the court below and a judgment rendered June 16, 1888, for $419.75 in favor of appellee.

To secure a reversal of the judgment appellants insist that it was tried out of its order in violation of the statute regulating the practice in that respect. The bill of exceptions states that on the calling of the case for trial the defendants asked the court to dispose of their objections to the trial theretofore filed, but the court overruled the objections and ordered the case to proceed, to which the…