Kerr v. Goetz

The question to be determined in this case is thus stated by appellant’s counsel:

“ The matters which could be urged upon a motion for a new trial are not presented to the attention of the court for the reason that the motion for new trial was withdrawn, and the only question presented upon this record is the error of the court in refusing to enter judgment for defendant upon this special finding of the jury.”

The suit is brought upon appellant’s alleged acceptance of a paper which in the first count of the declaration is described as a bill of exchange, and in the second is set out in full. It…