Lupton v. . Day

Tbe appellants assign as error tbe ruling of tbe court below in permitting, over their objection, tbe introduction in evidence by tbe plaintiff of paragraph 8 of bis complaint.

Paragraph 8 of tbe complaint is as follows: “That tbe defendants, jointly and severally, acting one with another, willfully, maliciously, and unlawfully, without tbe knowledge or consent, and in violation of tbe plaintiff’s desires and rights, on or about 6 February, 1936, pulled said boat away from its moorings and towed it between one-balf and one mile in tbe deep water up Smith’s Creek, a tributary of Reuse River,…