Miller v. Harker

Best, C.

This action was brought by the appellee against the appellant, to foreclose a mortgage.

Several defences were interposed, usury, payment, want of consideration and set-off. The cause has been three times tried. The first time a verdict for $575 was returned, and a new trial granted to the plaintiff. The second time a verdict for $599.17 was returned, and a new trial granted by agreement. The third time a verdict for $775 was returned, and judgment rendered upon the verdict. A motion for a now trial, on the ground that the court erred in refusing to continue the cause, was overruled,…