Ruppert v. Edwards

OPINION

By the Court,

Horsey, C. J.:

In the instant case the defendants and appellants have appealed from the judgment and from the district court’s order denying their motion for a new trial.

It appears advisable, in order clearly to present the factual situation and the questions of law involved, that we embody herein, first, the opinion of the court below, which is as follows:

“The complaint in this action, after reciting the residence of the plaintiff and defendants, sets out that on or about the 10th day of July, 1947, the said defendants caused to be filed in the Office of the County…