Wilson v. Haley Live Stock Co.

Citations

• 153 U.S. 39
• 14 S. Ct. 768
• 38 L. Ed. 627
• 1894 U.S. LEXIS 2162

Syllabus

<p>A defendant who proceeds to introduce testimony, after denial of his motion for a verdict in his favor on the close of the plaintiff’s evidence in chief, thereby waives his exception to that denial.</p> <p>A count in trespass de bonis asportatis, for the taking and detaining of personal property, can only be supported on the theory that .plaintiff was either its owner, or entitled of right to its possession at the time of the trespass complained of.</p> <p>In an action of trespass de bonis asportatis the plaintiff cannot recover as upon a count for money had and received, at least without an amendment of the complaint.</p> <p>Where a cause of action is not proven, not merely in some particular, but in its entire scope and meaning, the courts treat it, not as a case of variance merely, but as an entire failure of proof.</p>