Birch v. Frantz

Samuel Birch and Eliza Birch, husband and wife, filed a verified complaint, asking that a judgment rendered against them might be set aside. Upon the motion of the appellees, parts of the appellants’ complaint were struck out, and one of the assignments of error is based on this ruling. After the motion to strike out had been sustained, .a demurrer was sustained to the complaint.

The material statements of the verified complaint may be thus summarized: On the 1st day of May, 1875, a judgment and decree of foreclosure was rendered in favor of David Frantz, against appellants, for $8,005.15 ;…