C. C. Houghton & Co. v. Axelsson

The opinion of the court was delivered by

Cunningham, J.:

This case comes to this court by certification from the court of appeals, where the judgment of the trial court was affirmed.

1 On the trial of the action, the court refused to permit the plaintiffs below, who are plaintiffs in error' here, to introduce any evidence under their petition *275for the reason that the same stated no cause of action in their favor.

The facts stated in the petition are briefly as follows : That on the 3d of August, 1894, Axelsson, who was then engaged in" the mercantile business, gave a chattel mortgage to Elniff…