Lucas v. Smith

This was an action brought by the appellees upon a subscription made by the appellant to a railroad company for one hundred dollars, assigned to the appellees.

An answer of general denial was filed. The cause was tried by the court, finding for the appellees, motion for a new trial overruled, exceptions and final judgment for the appellees on the finding.

The motion for a new trial assigns, as causes therefor, the admission of a subscription for one dollar; that the assessment of damages was too large; and that the finding was not sustained by the evidence.

The error assigned is in overruling…