McClain v. Jessup

Appellant prosecutes this appeal from a judgment recovered against him by the appellee, and here assigns error upon the ruling denying his motion for a new trial.

Appellee earnestly contends that the question discussed in appellant’s brief is not properly presented, because the appellant’s motion is not sufficiently definite and certain. The reasons upon which a new trial was asked are- thus stated in the motion:

“1st. That the court erred in excluding from the jury the evidence of the defendant James McClain and John S. McClain, witnesses offered by the defendant, James McClain;

“2d. That the…