Knight v. Brown

Snyder, Judge :

Action on the ease for damages brought by James L. Knight against William Brown in the circuit court of Mason county. There was a trial by jury, and on September 19, 1882, a verdict and judgment for the plaintiff from which the defendant obtained this writ of error. The principle error assigned is that the court improperly overruled the demurrer to the declaration and each count thereof.

The declaration contains two counts, but as the second is confessedly good if the first is sufficient, it being better both in form and substance than the first, in the view I take of the…