Schwartzkopf v. Hill , 2 Sadler 283 ( 1886 )

Per Curiam :

The facts averred in the affidavits of defense, if all true, as must now be assumed, are sufficient to send tbe case to the jury under proper instructions.

Writ of error dismissed at the costs of the plaintiff in. error, without prejudice to his right to trial by jury and a second writ of error after final judgment.