State v. Summers

The opinion of the court was delivered by

Horton, C. J.:

This case was tried before the district judge, a jury having been waived by the parties. No special findings of fact were made or filed. A general finding was returned by the court in favor of Charles Summers. Thereupon the state filed its motion for a new trial, upon the following grounds:

“ 1. Irregularities in the proceedings of the court, by which the plaintiff was prevented from having a fair trial.

“2. The decision of the court is not sustained by sufficient evidence.

“3. The decision of the court is contrary to law.

“4. Error of law…