Osmundson v. Moore Mercantile Co.

The record shows that P. H. Samuell, the original plaintiff in this action, sold and assigned the cause of action to Hazel *459Samuell Osmundson before the commencement of the trial, and in this court she was substituted on motion as appellant. It also discloses that the action was dismissed against the sheriff of Fergus county and the Moore Mercantile Company, leaving the Power Mercantile Company as the sole remaining defendant.

Six witnesses were sworn and testified orally, and the evidence of P. H. Samuell given upon a former trial was read to the jury in plaintiff’s behalf. Four witnesses…