Worthington v. Brown

Suit by the appellees against the appellant, as a tenant holding over, for the recovery of possession of real estate, commenced before a justice of the peace and appealed to the circuit court. After a trial by the court and a finding for the plaintiffs, the defendant moved the court to grant him a new trial; the motion was overruled, and final judgment was rendered for the plaintiffs. The error assigned in this court is the refusal to grant the new trial.'

The ground of the motion for a new trial which is relied upon is stated in the motion as follows:

“ 3. The court erred in sustaining the…