Mercer v. Ringer

The opinion of the court was delivered by

HortON, C. J.:

This was an action of forcible detainer brought by Abraham Ringer against Daniel R. Mercer, before a justice of the peace, where he obtained judgment, and the case was appealed to the district court by Mercer. In the district court the case was tried by the court with a jury, and a verdict was returned, on April 23,1887, in favor of Ringer. Mercer filed his motion for a new trial on the 27th day of April. Neither at the time the motion was filed, nor at the time the same was heard by the court, was there any showing made that Mercer was…