Bartholomew v. Loy

This was a complaint for a new trial under section 356, 2 G. & H. 215.- A demurrer to the complaint, because it did not contain facts sufficient to constitute a cause of action or for a new trial, was sustained, an excep*394tion taken, and on the appellants’ declining to amend, Judgment was rendered against them, and for costs. The error assigned is, that the court erred in sustaining the demurrer.

The complaint sets out the issues, a trial by the court, finding and judgment for the appellees, in the action in which the new trial is sought to be obtained. It is also averred that Fuller, one of the…