Laughery Turnpike Co. v. McCreary

Appellee brought this, action to recover possession of certain real estate described in the complaint. The first paragraph of the complaint was in the ordinary form, under section 1066, Burns’ R. S. 1894 (1054, R. S. 1881). Appellant’s demurrers to the second and fourth paragraphs of complaint were overruled. The cause was tried by a jury, and upon the verdict returned a judgment was rendered in favor of appellee. Appellant, on motion, was granted a new trial, as of right, under section 1076, Burns’ R. S. 1894 (1064, R. S. 1881). The cause was tried a second time, a special verdict returned…