Francis v. Davis

This was a suit by the appellee, against the appellant, to obtain a review of a certain judgment which the appellant had recovered against the appellee by his confession, at the May term, 1871, of the court below. The appellant’s demurrer to the amended second paragraph of the appellee’s complaint, for the want of sufficent facts therein to constitute a cause of action, was overruled by the court, and to this ruling the appellant excepted. He *453then answered the complaint by a general denial thereof, putting the cause at issue.

The cause was tried by a jury, who returned no general verdict, but,…