Stuart v. Western Union Telegraph Co.

Robertson, Associate Justice.

The appellant, who was the plaintiff in the court below, sued the appellee for damages, and recovered a judgment for $2,500. The appellee made a motion for a new trial, which was overruled, and the court below then of its own motion arrested the appellant’s judgment, and set it aside on the ground that the petition was insufficient in law to sustain a judgment. From this judgment the appellant appealed, and the only question presented is upon the sufficiency of the plaintiff’s petition.

The appellant alleged in his petition that he was a citizen of Harrison county,…