Campbell v. Nebeker

The main questions arising upon the pleadings in this cause are identical with those which were considered and decided by this court, in the case of Cornell v. Nebeker, ante, p. 425, at the present term. That far forth, of course, the case cited is decisive of the case now before us.

But, in this case, the appellant has assigned as error, in this court, the decision of the court below, in overruling his- motion for a new trial, an alleged error, which was not assigned, as such, by the appellant in the case cited. In his motion for a new trial of this cause, the appellant assigned many causes…