Lehman v. Harvey

The petition in error sets up three grounds:(1) Error in sustaining the motion of the defendant in error for judgment for defendant notwithstanding the verdict.(2) In setting aside the verdict of the jury, and in granting judgment for the defendant in error.(3) Giving judgment to defendant in error when it should have been given for plaintiff in error.

The questions presented in this court are well stated in the supplemental brief of plaintiff in error. The first is: Does the petition state a cause of action? The petition was taken verbatim from Bates’ Pleading and Practice, 4th Edition, page…