Durham v. Stubbings

The trial of this case in the court below resulted in a verdict for defendant in error for $54,143.75, upon which the court after overruling motions for new trial and in arrest, rendered judgment. Defendant in error has filed no brief in this court, but has filed a confession of the errors assigned and asks that the case be reversed and remanded with directions to the Circuit Court to dismiss the suit on motion of plaintiff in that court without prejudice and at plaintiff’s cost. To this plaintiff in error objects and insists that the case be reversed and not remanded.

After the verdict was…