Physio-Medical College v. Wilkinson

The questions presented by the record and discussed by counsel are: First. Are appellants entitled to a new trial without cause, as a matter of right, under the statute? Second. If so, did they make the proper application to the court below? The case was tried upon the third paragraph of the complaint, which states substantially that appellees are the only heirs of one Margaret Wilkinson, who died intestate in May, 1877; that on the 11th day of April, 1874, she was the owner in fee of the real estate described in the complaint, and on that day executed a deed of conveyance for said real…