Kane v. Torbit

This was a suit brought before a Justice of the Peace by W. B. Simonds for the use of Mary E. Torbit, against the appellant, and appealed to the County Court, where an order was made that the name of W. B. Simonds for use, be stricken out, and that the suit be prosecuted in the name of Mary E. Torbit.

Trial, verdict and judgment for the appellee for the sum of 861.27 and costs, from which judgment this appeal is taken. Various errors are assigned. We shall consider the errors assigned in the order made.

First. The refusal of proper evidence offered on the part of appellant. This suit was…