Jones v. Funston

<p>1, 2. Under rulings made by this court when this case was previously before it, the only question left for determination on the new trial was as to the value of the cow recovered in'the trover suit; and the trial judge did not err in rejecting the amendment by which the defendants attempted to set up that after the rendition of the judgment in that suit the cow died by the act of God.</p> <p>3. The certiorari bond sued on in this case was not rendered inadmissible as evidence by the fact that the surety thereon was also surety on the bail-trover bond in the case in which the certiorari was sued out.</p> <p>4. Although no plea of the defendants remained in the ease, they had the right to cross-examine the plaintiff’s witnesses and to introduce evidence for the purpose of rebutting the evidence introduced by the plaintiff as to the value of the cow. Evidence offered to show that no demand was made for the cow before suit was properly excluded.</p> <p>5. Exception to the refusal of a nonsuit will not be considered, exception being taken also to the overruling of a motion for a new trial in which the verdict for the plaintiff is complained of as unsupported by evidence.</p> <p>6. In the absence of a plea by the defendants, refusal to allow their counsel to open and conclude the argument to the jury was not error.</p>