Maxwell v. Campbell

This was an action by the appellants, who were the heirs at law of Arthur Maxwell, deceased, against the appellees, to recover possession of an eighty-acre tract of land, situate in La Porte county. Answer of general denial.

There was one trial of the cause, resulting in a verdict and judgment for the plaintiffs; but a new trial was afterward granted to defendants, under the statute, on payment of costs. It is objected that the former judgment was not set aside. We are ©f opinion, however, that the granting of a new trial in the cause operated as a vacation of the former judgment, without any…