Hiatt v. Ballinger

— On the 23d day of April, 1875, the appellant filed in the court below his complaint, duly verified, for a new trial, under the provisions of section 356 of the practice act. 2 R. S. 1876, p. 183.

We set out the substance of this complaint, as follows:

The appellant moved the court for a new trial of a certain cause, whereiu he was the defendant, and the appellee was the plaintiff', upon the following grounds, to wit:

1. That the appellant was not aware of the kind and character of the evidence intended to be introduced on the trial of said cause by the appellee; that the appellant was…