Burnam v. DeVaughn

Crawford, Justice.

DeVaughn, who sued for the use of McLendon, brought an action against Mrs. C. N. Burnam on an open account; after the plaintiff had introduced his testimony and closed, the defendant moved a non-suit, which was overruled by the court, and she excepted.

The defendant then offered herself as a witness, and after the testimony closed, the case went to the jury and they found for the plaintiff; whereupon Mrs. Burnam by her counsel moved for a new trial, which was refused and she again excepted.

The grounds relied upon for a new trial were the refusal of the court to award a…