Mr. Justice HUNT delivered the opinion of the court.
The first alleged error of which complaint is now made is the direction of the court to the jury that they find the issue for the plaintiff on the plea of abatement where issue had been joined and testimony taken. The defendant held the affirmative of the issue, and attempted to sustain his case by calling Winegar, the plaintiff on the record.
Winegar swore that he had purchased the bonds on which the suit...
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