March

When this cause was in Department an opinion was rendered affirming the judgment, but subsequently the judgment of the Department was set aside and the cause ordered to a hearing in Bank.

The action is to recover for the alleged wrongful taking of certain personal property of the plaintiff. The material fact's, ae found hy the court, were these:

Upon these findings the court below gave plaintiff a judgment as against defendant Steen for nine hundred and forty-three dollars and forty-one cents, and costs, but denied him any relief as against defendants S. Barnet, Isaac Blum, Joseph Blum, and J. H. Jacobs—the action having been theretofore dismissed as to defendant Laumeister.

Plaintiff appeals from so much of the judgment as is in favor of the defendants Barnet, the Blums and Jacobs, the appeal being upon the judgment-roll, without a bill of exceptions.

In the Department opinion it was assumed that by his undertaking to release the attachment in Button v. Steen et al., Barnet obligated himself on behalf of both Steen and March to-meet any liability which should be cast upon them, or either of them, by the judgment in that case; and this assumption of fact dominated the…