Adler v. Confield

This is an action to recover damages for conversion. After plaintiff rested, the trial judge dismissed the complaint on the ground that plaintiff had brought a prior action against the respondent, expressly waiving in the complaint therein the tort for which damages are demanded in this action.

The return does not contain all the testimony given on the trial, but only so much thereof as is necessary to enable this court to review the ruling complained of.

*421By respondent’s motion the court is asked to send the return back to the trial judge so that there may be incorporated therein all of the…