Durham v. Flannagan

Opinion by

Willson, J.

§ 22. Motion for new trial. When the grounds set forth in a motion for new trial, in justice’s court, are verified by the affidavit of the party, and the same are *28not controverted, the statements in the motion are to be considered as prima facie true, and if the grounds are sufficient the motion should be granted.

§ 23. Pleading; new and additional .in county court on appeal from justice's court; trial of right of property; Curry v. Terrell (W. & W. Con. Rep. p. 95) explained. It was not intended that the rule announced in Ourry v. Terrell should apply to a party who,…