State Ex Rel. Hartford Fire Ins. v. Weygandt

In the disposition of this case we assume that the allegations of the petition are, by the demurrer, confessed to be true. Attached to the petition is an exhibit containing important proceedings occurring at the trial, but which were eliminated from the bill of exceptions. These comprise motions for judgment made by both parties, colloquies concerning them occurring between court and counsel, the ruling of the court on both motions, and the finding of the court concerning the method of assessing plaintiff’s damages. The petition alleges that these proceedings actually occurred during the…