Richardson v. Penny

Opinion of the court by

Burford, C. J.:

This is an action to recover on am appeal bond in a forcible entry and detainer case, begun before a justice of the peace and appealed to the district court, where the plaintiff prevailed, and obtained; judgment for the restitution of the property. Suit was brought on the bond in the district court of Noble county, and on the trial of the cause, after the plaintiff had introduced his evidence and rested, the defendants demurred to the evidence. The court sustained the demurrer, but afterwards on motion for new trial by plaintiff, granted a new trial.

This…