Ford & Sanborn Co. v. Braslan Seed Growers Co.

This is an action in assicmpsit for goods, wares and merchandise sold to defendants by plaintiff. The complaint is verified. Defendants Braslan Seed Growers Co. and Charles P. Braslan filed their verified answer, specifically denying the averments of the complaint so far as they related to the alleged sale of the goods. Defendants G. T. and W. F. Duncan answered in their own proper persons as follows: “The defendants G. T. Duncan and W. F. Duncan, hereby enter this their appearance in the above-entitled case, and deny each and every allegation of the complaint.” The cause was tried by a jury and plaintiff had judgment, upon the verdict, against W. F. Duncan and G. T. Duncan and Braslan Seed Growers Co. for the sum of $2,087.34 and costs of suit, and defendant Charles P. Braslan had judgment against plaintiff for his costs of suit. Defendant Braslan Seed Growers Co. appeals from the judgment and from the order denying its motion for a new trial.

It is claimed by respondent that the bill of exceptions cannot be considered, and that the appeals must be dismissed or the judgment and order affirmed. This contention arises out of the following condition of the record: Judgment was…