Eastern, Etc., Plow Co. v. Stout, Exrx.

This action was instituted by Emily J. Stout, executrix of the estate of her deceased husband, against the Eastern Rock Island Plow Company and Marshall Smith, to obtain a new trial pursuant to that section of the Code which provides a method of procuring a new trial after the time for filing a motion therefor has expired. § 614 Burns 1926, § 589 Burns 1914. The complaint is verified by the oath of the plaintiff. The defendant Eastern Rock Island Plow Company demurred to the complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action. The…