Clyde Milling & Elevator Co. v. Buoy

*294The opinion of the court was delivered by

Cunningham, J.:

A question of practice first demands our attention. This case was tried upon the issues of fact joined on the 18th of September, 1902. At the close of the plaintiff’s evidence defendant interposed a demurrer thereto, which the court overruled. The case was then proceeded with, and the jury returned its general verdict and special findings in favor of plaintiff. In due time the defendant’s motion for judgment on the special findings was filed and denied, after which, his motion for a new trial coming on to be heard, the following…