Ginn v. Collins

This was a claim filed by the appellee against the estate of the said testator, in the common pleas. The cause having resulted in a judgment allowing the claim, the executor appealed to this court, and has here assigned as errors, 1. The overruling of his demurrer to the com*272plaint. 2. Overruling his motion for anew trial. 3. Overruling his motion for a venire de novo. 4. Overruling his motion for judgment non obstante veredicto.

There are two claims copied into the transcript. As the last one covers fully the first, it must be held to have superseded the first, according to section 559, p.273,…