Williams v. Watson

Bates, Judge, delivered the opinion of the court. 1. There was no error in permitting the defendants to file [98] an affidavit and recognizance in the appellate court. (R. O. 1855, p. 973, § 7, and p. 975, § 17.) And after they were filed the motions to dismiss the appeal were properly overruled. 2. The instruction given for the defendants was palpably wrong. Even in a criminal case there must be a reasonable doubt to acquit the defendant, and the principle has no application to a civil case. Judgment reversed and cause remanded. Judges Bay and Dryden concur.