Shein v. John R. Thompson Co.

delivered the- opinion of the court.

This is an anneal by the defendant below from a judgment in the sum of $1,429 entered by the court upon the verdict of a jury in an action on the case. At the close of plaintiff’s evidence and again at the close of all the evidence the defendant made a motion in writing to exclude the evidence from the jury and to instruct the jury to find the defendant not guilty, which motion was denied, as were motions of the defendant for a new trial and in arrest of judgment.

Appellant insists that the declaration is insufficient to sustain the judgment, and as this…