Haswell v. Costellenos

ANDERSON, J., pro tem.

The trial of this case was by jury. While the appellant complains of a nonsuit as to certain counts of the complaint there was a judgment, general in its terms, entered in favor of defendant surety company upon a directed verdict. The notice of appeal is directed exclusively to this judgment. In fact, the clerk’s transcript shows no entry of an order or judgment of non-suit. After the appeal was taken the original plaintiff, Luiggia Beffa, died, and the present plaintiff, the executor, was substituted. The word “plaintiff” will refer to the original plaintiff. ■

The…