Truett v. Legg

This was an action of assumpsit brought by the appellants against the appellee. On the 24th of April, 1867, during the April term of the Court below, a verdict was rendered for the plaintiffs, but no judgment, absolute or nisi, was rendered or entered thereon against the defendant.

On the 26th of April, 1867, the defendant filed a motion, and reasons for a new trial, and no day appears to have been fixed for its hearing, nor rule upon the plaintiffs to show cause against it, at any prescribed time. The case thus standing, and several terms having intervened, on the 10th of March, 1868, a writ…