Vernia v. Lawson

This was an action by the appellees, against the appellant, to recover certain real estate. There was a trial of the cause, resulting in a finding and judgment for the defendant. This judgment was set aside and a new trial granted under the statute, and upon a second trial there was a finding and judgment for the plaintiffs. The questions made here all resolve themselves into one, viz.: whether error was committed in granting the second trial.

The record shows the following facts. At the October term of the court, 1870, the cause was submitted to the court for trial, and there was a finding…