Probst v. Braeunlich

Snyder, Judge:

This is a writ of error to an order of the circuit court of Wetzel county allowed on the petition of the plaintiff in an action of ■assumpsit brought by Theophile Probst* against Charles F. Braeunlich and' Amos Brast, partners, &c. A trial was held by jury and a'verdict returned for the plaintiff for one'hundred and ninety-'four dollars and seventy-foiir cents, which'on the motion of the defendants was set aside and a new trial awarded. The defendants hied in support of their motion to set aside the verdict because it was contrary to the law and the evidence, the joint affidavit…