Burnham v. Stone

Haynes, C.—

Appeal from an order denying the motion of the defendant, James Stone, for a new trial.

The action was brought by John H. Burnham and-his two minor children to recover damages for the alleged wrongful killing of Jenny Burnham, the wife of the plaintiff, John H. Burnham, and the mother of the minor plaintiffs.

The third paragraph of the complaint is as follows:

*166“ That on the eighteenth day of January, 1888, the said defendants, Levi P. Stone, James Stone, George Morris, D. M. Breedlove, Arch Freeman, and W. H. H. Dinwiddle, maliciously, willfully, fraudulently, and unlawfully…