McNaught & Co. v. Bostick

Blandeorb, Justice.

The plaintiffs brought their action against Joseph M. G. Medloek, and A. O. Bostick, as administrator of B. W. Holt, alleging that the late firm of Medloek & Holt were indebted to them upon an account. At the trial term, the plaintiffs discontinued their case as to Medloek, surviving partner, and proceeded against Bostick, administrator of Holt, deceased, and obtained judgment. Defendant Bostick, administrator, moved for a new trial, upon the ground that the verdict was contrary to law and evidence, and because the court erred in allowing plaintiff to discontinue the case…