Kraus v. Clark

Root, C.

Suit for balance alleged to be due plaintiff from defendants, who are husband and wife, for wages earned by plaintiff’s minor son while in defendants’ employ. Plain*576tiff recovered judgment for $34.50 against O. A. Clark, and said defendant appeals.

Tlie errors assigned may be properly grouped under three heads: (1) That the court erred in permitting plaintiff to open and close the case; (2) that the evidence is insufficient to support the verdict; and (3) in refusing to grant a new trial for newly discovered evidence.

1. The allegations in the pleadings are somewhat indefinite, and in…