Griffin v. Smith

Osborn,

J.—This was an action by the appellee, as administrator with the will annexed of the estate of Charles Griffin, deceased, against the appellant. The complaint contained three paragraphs. A motion was made to strike out the third, on the ground that it was identical with the first. The motion was overruled, and the appellant excepted. An answer was filed and issues of fact formed, which were tried by the court, who found for the appellee and assessed his damages at one thousand six hundred dollars, and, over a motion for a new trial, judgment was rendered on the finding, and for costs…