Downie v. Buennagel

By a proper assignment of error here the appellant, the plaintiff below, has brought before this court the same errors assigned by h.im in general term, in this cause, which were in substance as follows:

1. The overruling of his demurrer to the second paragraph of appellee’s answer;

2. Error of the court in its conclusion of law upon its special finding of facts; and,

3. The overruling of appellant’s motion for a new trial.

The facts found by the court at special term, in its special finding, are substantially the same as those alleged by the appellee in the second paragraph of his answer, and…