Joyce v. Dickey

The judgment from which this appeal is prosecuted was rendered in February, 1880. On the 11th day of the -following December the appellants moved the court to strike out part of the original complaint then on file, in order to make it the same as a substituted complaint which had been filed by the appellee. This motion was not ruled upon until October 15th, 1883, when it was sustained. In February, 1880, the motion for a new trial was overruled, and this was followed by a judgment for the appellee. On the 15th day of October, 1884, this appeal was taken.

The appellee, in his answer to the…