Grand Trunk Railway Co. v. Russ

Graves, O. J.

The defendant in error recovered judgment before a justice of the peace which was affirmed in the-circuit court on oertiora/ri and the railway company now ask a reversal in this court on writ of error.

*501No grounds of error can be considered except those alleged in the affidavit for the certiorari, and the main one is that the justice refused to non-suit the plaintiff at the •close of her evidence. It is true that the motion was not ■denominated one for a non-suit, but such appears from the return to have been its effect. • The plaintiff offered to submit the' whole case on her…