Pittsburgh, Cincinnati & St. Louis Railroad v. Noel

It is claimed that the circuit court erred, (1) in refusing to arrest the judgment; ( 2) in refusing to render judgment for the defendant for the costs, on the special findings of the jury; (3) in refusing the appellant a new trial.

First, then, as to the motion in arrest of judgment. The second paragraph of the complaint, which alone remains in the record, is substantially as follows: That on or about the 1st day of February, 1871, the plaintiff hauled to the track of the defendant three hundred cords of wood, which the defendant had agreed with plaintiff, if plaintiff would so deliver the…