Benberry v. Cole

MORRIS, Commissioner.

Appeal is from a judgment granting ap-pellee, plaintiff below, a new trial under subsection 4, section 518, Civil Code of Practice. Appellee’s petition sets out the proceedings in the former trial. Appellant demurred and by answer denied generally the allegations of the petition as amended. The court overruled the demurrer, and by agreement heard the case without a jury. A new trial was directed and appeal granted.

The petition alleged that on the first trial a material witness had sworn falsely, his testimony having been induced by appellant, these acts amounting to a…