Calahan v. Ward

Opinion by

Strahg, C.:

Action on account, begun before a justice of the peace of Atchison county, where the plaintiff obtained a judgment for $50. Defendant appealed to the dis-*546tricfc court, where the case came on for trial November 12, 1888, before the court aud jury. After the plaintiff' had introduced his evidence and rested, the defendant demurred thereto, and the court sustained the demurrer. A motion for a new trial was filed and overruled, and the plaintiff asks this court to reverse the action of the district court on said demurrer, and send the case back to be tried by a jury.

We think…