Babb v. First National Bank

Opinion op the Court by

Judge Clay

Affirming.

In this proceeding for a new trial under sections 518 to 521, Civil Code of Practice by Myrtle Smith Babb, R. L. Babb, and Copeland Smith, against the First National Bank of Mayfield, Y. E. Allen, and others, a demurrer was sustained to the petition, and the petition was dismissed. The applicants appeal.

The petition contains about 40 pages, and it will serve no good purpose to set it out in full, or to state the substance of the allegations. . It has long been the settled rule that, in order to state a cause of action for a new trial, the petition…