Payne v. Lyon

(After stating the foregoing facts.) This case is in this court on the grant of a petition by the defendant for the writ of certiorari, to review the decision of the Court of Appeals, which was adverse to the defendant. The only grounds of alleged error are those set out in the fifth, tenth, eleventh, and fifteenth grounds of the motion for new trial, which are set out in extenso in the statement of facts.

In the tenth ground it is alleged that the court erred in permitting a witness for the plaintiff, over objection of counsel for the defendant that it was irrelevant, to testify that rocks…