Walls v. System Freight Service

From a judgment predicated upon an order sustaining a demurrer without leave to amend to a “ Complaint for review of action for wrongful death to obtain a new trial, ’ ’ plaintiffs appeal.

Facts : The complaint is styled 1 ‘ Complaint for review of action for wrongful death to obtain a new trial. ’ ’ It purports to be a bill in equity to set aside the judgments in two contested actions and to obtain a new trial therein on the ground of newly discovered evidence. It alleges that on December 4, 1948, judgments were entered in favor of defendant and against plaintiffs after trial by jury of two…