Berry v. Daily

This was a complaint for a new trial under the statute, on account of newly discovered evidence. The newr trial was sought of a cause in which the present appellants (husband and wife) were plaintiffs, and the appellee was defendant. It is assigned for error that the court below sustained a demurrer to the complaint. The second paragraph of the complaint in the Original cause counted on a cause of action belonging to the wife, and for which she might have sued alone, or jointly with her husband; as she did. The complaint for a new trial does not aver that the newly discovered evidence was not…