Wiley v. Shoemak

Opimion Try

GeeeNB, J.

This case was taken by appeal from a justice of the peace to the district court. On the trial in that court, a promissory note made by Abner Wiley, and payable to Jobn Shoemak in flour, at the F air*206field prices, was read in evidence. The plaintiff proved, that he demanded the flour about the time suit was commenced, and rested his case; and thereupon, the defendant moved to nonsuit the plaintiff, which the court refused. Verdict and judgment for the plaintiff.

Two questions are submitted to our determination.

1. Did the court err in overruling the motion to nonsuit the…