Clark v. Lineberger

This action was brought by the appellee against the appellant. Issues having been formed, there was a trial'by jury, and a verdict for the plaintiff. A motion by the defendant for a new trial was made and overruled, and there was judgment on the verdict for the plaintiff

The appellant has assigned as errors the overruling of a demurrer to the first and second paragraphs of the complaint, the refusal to strike out a part of the second paragraph, and the refusal to grant a new trial.

The first paragraph of the complaint alleges that, on the 14th day of September, 1869, the defendant executed to…