Nord v. Marty

In this action, the appellant, as plaintiff, ■filed his verified complaint against the appellee, as defendant, in the court below, under the provisions of the last clause of section 99 of the practice act. 2 R. S. 1876, p. 82. This complaint was filed on the 16th day of September, 1875. This complaint is very long; but as the only error assigned in this court calls in question the sufficiency of the facts stated in said complaint to constitute a cause of action, we find it necessary to give a summary of its contents.

The appellant alleged, in substance, that on October 15th, 1874, the appellee…