Bish v. VanCannon

Franklin, C.

Appellee sued appellant for alleged fraud in a land trade. The complaint was originally in two paragraphs, and against Bish and wife.

On motion of plaintiff the cause of action was dismissed as to the wife and as to the first paragraph of the complaint, and that paragraph was withdrawn. A demurrer was overruled to the second paragraph. Issues were formed and a trial commenced before a jury; when the plaintiff closed his evidence the defendant demurred to the evidence. The court overruled the demurrer, assessed the damages and rendered judgment thereon over motions for a new trial…