Miller v. Lively

This was an action by the appellant against the appellee to recover the possession of certain cattle.

The complaint is of the form used in such cases where the action is instituted in the circuit court. Issues were joined by answer in general denial. The cause was tried by the court, without the intervention of a jury, and there was a finding and judgment for the appellee.

The appellant moved for a new trial, which motion was overruled, and exceptions taken.

The assignment of errors by the appellant calls in question the action of the court in overruling the motion for a new trial.

The reasons…