Epitomized Opinion

In the court below, Smalley brought action on a cognovite note, against Frischley, and judgment was taken and rendered by confession, for $5,000. During the same term a motion was made that judgment be suspended, until defendant could put iri his defense. At the trial of th_e action after the defense *833had been filed, the jury found for the defendant, and a motion for a new trial was made and overruled, and judgment entered upon the verdict, to reverse which this case was filed. The Court of Appeals held:

That the verdict was contrary to the evidence and not supported by sufficient evidence, and reversed and remanded the case to the Common Pleas for further proceedings.