Smelser v. Wayne & Union Straight Line Turnpike Co.

No question arises upon the pleadings. The argument of counsel is confined to the questions arising upon the ruling refusing a new trial. Without stating at length the pleadings, which are very voluminous, because of the great and needless particularity with which the appellant stated his matters of defence, we outline the important matters alleged by the contestants. The complaint was in three paragraphs; the answer in nine. The first paragraph of the complaint was upon a promissory note; the second and third sought 'a recovery for toll alleged to be due from the appellant. One of the…