Edwards v. Otwell

1. The ground of the motion for a new trial complaining of the refusal of the court to strike the answer of the defendant can not be considered. Under repeated decisions of the Supreme Court and of this court, rulings on pleadings can not be made a ground of a motion for a new trial.

2-, In the light of the facts of the case and of the entire charge of the court, the two excerpts from the charge, complained of, are not erroneous for any reason assigned.

3. The defendant admitted owing the plaintiff the sum of $42.49, and testified that he had tendered him that amount before and after the suit…