Mix v. Osby

M. Justice Walker

delivered the opinion of the Court:

This was an action of assumpsit, brought by appellee in the Kankakee circuit court against appellant, to recover for work and labor. The declaration contained the usual common counts, to which was filed the plea of the general issue. A trial was had by the court and jury, when a verdict was rendered for plaintiff for $270. A motion for a new trial was overruled by the court, and judgment entered on the verdict; and defendant brings the case to this court on appeal.

The first objection urged for a -reversal is, that the court erred in…