Jena Lumber Co. v. Marlowe Lumber Co.

Appellant sued a partnership and the individual members thereof. The judgment entry recites that defendant pleads the general issue in short by consent, with leave to give in evidence any matters that may be specially pleaded. There was jury and verdict in favor of the defendants and damages assessed at $41.50, and judgment over by the court was duly rendered for such sum against the plaintiff, with the costs in that behalf expended. A motion for new trial, grounded, among other things, on the averred fact that the preponderance of evidence was in favor of plaintiff, was overruled.

The verdict…