Slack v. Price

OPINION of the Court, by

Judge Trimble.

— Thia is an action of assumpsit, brought by Slack against Price. The original declaration contained a single count, which was for money lent, laid out and expend-*273fed by the plaintiff to the defendant, and for his visé* To this non assumpsit was pleaded, and issue joined. Upon the trial the jury found for the plaintiff; and, on motion of defendant, a new trial was awarded, but without being on payment of costs ; and the record states no reason why the defendant was not subjected to the costs of the term. On the second trial the jury found for the…