Dillingham v. Scott

OPINION OF THE COURT BY

PERRY, J.

This action, assumpsit for $1100, was instituted on May 12, 1908. Defendant filed an answer of general denial on May 28, 1908. On October 26, 1908, judgment for the plaintiff for the amount sued for was entered, based upon a finding, jury waived, by Mr. Justice De Bolt, then circuit judge, after a full trial upon all of the issues presented. On December 9 following a motion for a new trial was denied. To review' the judgment defendant sued out a writ of error upon which a decision was rendered by this court on April 21, 1909, reversing the judgment and ordering…