Gebhart v. Burkett

Suit by appellee, against appellant, for “wilfully, unlawfully and maliciously” burning a barn and its contents.

The complaint contains three paragraphs. Demurrers were sustained to the first and third paragraphs, and overruled to the second, upon which issue was formed by a general denial.

Proceedings in attachment were commenced simultaneously with the filing of the complaint.

The issues on the attachment, and on the second paragraph of the complaint, were submitted to a jury in the same trial, and a verdict found in favor of the appellee on both issues.

The case was commenced and tried in the…