Morse v. Ressler

This case was commenced in justice’s court. The plaintiffs declared orally upon all the common counts in assumpsit.. The defendant pleaded the general issue. The case was appealed to the circuit court where it was tried by a jury which returned a verdict in favor of defendant. The case is brought here by writ of error.

The contention of the plaintiffs is well stated in a motion they made after the testimony was all in, which is as follows:

“ The plaintiffs moved to strike out all the evidence that was introduced on the part of defendant, and to direct a verdict for the plaintiffs * * * for the…