Penix v. Grafton

Ritz., Judge;

This writ of error brings up for review a judgment of the circuit court of Payette county in favor of the plaintiff, rendered upon the verdict of a jury in an action of assumpsit.. At the threshold we are met with a motion to' dismiss the writ of error as improvidently awarded, several grounds being assgined therefor, some of which have, however, been cured by the return to- a writ of certiorari awarded herein. Two of the grounds insisted-upon are: first, that the judgment of the circuit court cannot be considered because it is not made- part of the record by any bill of…