Rickart v. Davis

This was a complaint to obtain a new trial for newly-discovered evidence. A demurrer was sustained to the complaint, to which the appellants excepted; and declining to amend, judgment was rendered against them for costs. They appeal to this court and assign for error:

1. Sustaining the demurrer to the complaint.

2. Sustaining the appellees’ motion for judgment for costs.

3. Rendering judgment in favor of appellees.

The complaint does not expressly state what were the issues in the cause which had been tried. The pleadings in that cause are not before us, nor are their contents stated. The…