Bell v. Marsh

This is an appeal from an order granting the plaintiff a new trial.

The action was upon a promissory note. The answer denied that the sum named in the complaint, or any other sum, was due or unpaid on the note, and for a second defense, and by way of counterclaim, averred that defendant was induced to execute and deliver the note by certain false and fraudulent representations. Defendant asked for affirmative relief. The case was tried before,a jury upon special issues framed and submitted by the court, and the verdict was rendered and filed on the seventh day of May, 1887.

All of the issues…