Emmons v. Newman

The appellant has assigned three’ errors; first, that the court erred in overruling the demurrer to the Complaint; second, that the court erred in refusing to give *373certain instructions asked by the appellant; third, that the court erred in overruling the appellant’s motion for a new trial.

It is necessary to a proper understanding of the first assigned error that we should set out the complaint, which was as follows:

“Thomas Newman, plaintiff, complains of Alden Emmons, defendant, and says that on the first day of May, 1870, the said plaintiff and defendant entered into a co-partnership in the…