Faust v. Miller

SIMPSON, Justice.

Statutory action of ejectment. The, plaintiff suffered an adverse judgment below and has appealed.

This was the second suit of the kind, brought by the plaintiff against the defendants for the same land, in which the same title was put in issue by the plea of not guilty, the plaintiff having been cast in the former suit also.- Code 1940, Tit. 7, § 959.

The principal proposition advanced as error to reverse is grounded on the refusal of the trial court to grant the plaintiff a new trial because the jury took with it certain unauthorized papers into the jury room when it retired…