Lockett v. Toby

The controversy between the parties in this ease is for a square of ground in the city of Lafayette. Mrs. Toby obtained a verdict and judgment, for the property, in the absence of the plaintiff. He applied for a new trial, which was refused, and he has appealed.

He applied for a new trial, on the following grounds :

1.That the cause was tried in his absence, without any fault or neglect on. his behalf.

2.Because the verdict was rendered upon illegal evidence, testimony, documents and papers, which should have been rejected by the court.

3.That, on the legal evidence in the cause, verdict and…