Lipp v. Horach

Lake, Ch. J.

This is a petition in error from Douglas county. Three errors are nominally assigned:

*372First. That the petition fails to state a canse of action.

Second. That the amount recovered was too large; and,

Third. That the judgment should have been in favor of the plaintiff in error.

The record contains none of the evidence, therefore we can consider only those matters properly presented by the pleadings and judgment.

The facts set out in the petition, if they were established by the evidence, (and we must presume they were), certainly entitled the defendant in error to some relief, even if…