Shoemaker v. McMonigle

Franklin, C.

Appellant sued appellee for the possession of a certain tract of land. The complaint is in two paragraphs. The first is in the usual form, containing a defective description of the land. The second is in the same form, containing a sufficient description of the land by metes and bounds. The defendant answered by a general denial. There was a trial by jury, and, under an instruction by the court to return a verdict for the defendant, a verdict was returned accordingly; and, over a motion for a new trial, judgment was rendered for the defendant for costs.

The error assigned in this…