Wiggin v. Dillon

Roboinson, Judge:

Upon the trial of the right of ownership to lumber which had been levied upon, between a claimant of the property, Wiggin, and the execution creditor, Dillon, the jury found for the claim" ant. The verdict was set aside and a new trial awarded. This writ of error is prosecuted to the action of the court in disturbing the verdict.

The reason assigned by the court for its action in setting aside the verdict is that the one instruction that it gave to the jury on behalf of Wiggin was improper. The instruction told the jury to find for Wiggin if they believed from the evidence…