Merriweather v. Erwin

The appellee sued the appellant, in the Chicot Circuit Court, in assumpsit, and the appellant pleaded the general issue, payment and set-off. Issues, upon these pleas, were made up and a trial had, and verdict for the appellee. Merriweather appealed.

The hill of exceptions does not show that there was amotion for a new trial filed in the cause below. In the manuscript, there is what purports to he a motion for a new trial, marked filed-on the 23d day of October, 18G9, hut not signed by the clerk. After the cause was sent to this court, counsel for appellant and appellee, on the 27th of October…