Downs v. Hammond

This was an action by Embree, as receiver •of the Home Insurance Company of Lafayette, a mutual insurance company, ¿gainst Downs, commenced before a justice of the peace. There was judgment for appellee before the justice, from which there was an appeal to the circuit court. Embree having resigned, and Hammond having been ■appointed, he was substituted as plaintiff.

There was a finding and judgment for appellee. A new trial was refused.

The error assigned is for overruling the motion for a new trial.

The evidence is in the record and wholly fails to support ■the finding and judgment.

It was held…