Engard v. Frazier

The appellants, being the owners of a sawmill and dam, petitioned the Common Pleas for a writ of assessment of damages. A writ was issued, a jury was summoned, a verdict found, and returned into Court.

At the term of the Court next after said return, the cause, upon the defendant’s motion, was dismissed. The record entry of the motion and ruling of the Court, is as follows: “ Now come the plaintiffs, by their attorney, and the defendant, by his attorney, comes also, and moves *155the Court to dismiss this cause; and said motion being argued, and the Court being sufficiently advised,- do sustain…