Shirel v. Baxter

This was a complaint for a new trial, filed by the appellant, against the appellee, under section 356 of the code. 2 R. S. 1876, p. 183. The appellee’s demurrer to this complaint, for the alleged insufficiency of the facts therein to constitute a cause of action, was sustained by the court, and to this decision the appellant excepted ; and thereupon judgment was rendered against him for the appellee’s costs.

The only question presented for the decision of this court, by the appellant’s assignment of error, is this: Did his complaint state such facts, admitting them to be true, as would entitle…