Daniels v. Butler

1. Pleading: form and allegation : allegation governs effect: misnomer. I. This is a motion or petition for a new trial of an equitable action for the partition of real estate, which action, upon its original trial in the district court, resulted in a decree finding against the defendant, Lewis, upon his cross-petition, in which he asserted title to all the real estate in controversy. Lewis appealed to this court, and the decree rendered by the trial court was reversed, in so far as Lewis’ cross-petition was involved, *441and the cause was remanded to the district court for proceedings in harmony…