Leach v. Prebster

Upon the trial of this cause, which was brought by the appellant against the appellee, by the court, without the intervention of a jury, there was a finding for the defendant, motion for a new trial made and overruled, and judgment for the defendant.

The only error properly assigned is the refusal of the *416court to grant a new trial. The reason assigned for a new trial in the common pleas was, that the finding of the court was not sustained by the evidence, and was contrary to law.

The complaint was in two paragraphs, by the plaintiff as executor of the will of Frederick Prebster, deceased,…