Joplin v. Ely

HALLEY, Justice.

Richard Ely brought suit against Boyd Joplin to recover a balance due on an open account which account had been assigned by one Clifton in writing for collection. The parties will be referred to as they appeared in the trial court. Jury was waived and after trial the court entered judgment for the plaintiff. Defendant’s motion for new trial was overruled and he appeals.

The only point made by defendant on appeal is well stated in his brief as follows:

“By process of pleadings, pre-trial stipulations, and the evidence presented at the time of trial, the issues were resolved into…