Fahrer v. Blumenthal

Opinion by

Baldkige, J.,

This appeal is from a judgment obtained by a tenant in an action brought against J. Blumenthal, N. Simons (constables) and H. L. Randal, landlord, to recover damages for an alleged illegal eviction. The case has been on trial three times. At the first trial, a juror was withdrawn; the second trial resulted in a mistrial after the issues involved had been submitted to the jury, due to a charge that the jury had been tampered with. Randal died before the second trial, and his administratrix was substituted as a party defendant.

The evidence adduced at the third trial…