Carew & Son v. Lillienthall

This is an action on account, or verbal contract, for one hundred dollars, due September 8,1868, which was instituted by tbe appellee, Lillienthall, as plaintiff in the court below, against Carew & Son as defendants, on tbe 7th day of September, 1869. The judgment was for tbe plaintiff, for $51.67, besides costs. From this judgment tbe defendants appeal to this court; and tbe errors assigned assail tbe jurisdiction of tbe court below, and tbe refusal of the court to give a charge asked by tbe defendants on the trial below, which appears as set out in a subsequent part of tbis opinion.

The…