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" Two specifications of error have been assigned in this court; the first being that '-the court erred in overruling the demurrer to the complaint," and the second that "the court erred in overruling the appellant's motion for a new trial. "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 498
by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1883
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Volume 7

Arkansas. Supreme Court - Law reports, digests, etc - 1847 - 626 pages
...plaintiff. ROYSTON & COCKE, contra. The only question presented by the record in this case is whether the court erred in overruling the appellant's motion for a new trial. It is clearly established by the evidence that the note sued upon was given to Stone in part for the...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 36

Illinois. Supreme Court - Law reports, digests, etc - 1867 - 632 pages
...the appellee's damages at $235.50, the same being excessive, and more than the evidence warranted. 3. The court erred in overruling the appellant's motion for a new trial. 4. The court erred in rendering judgment for the appellee for $235.50 damages, such damages being excessive,...
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Reports of Cases Decided in the Supreme Court of Appeals of West ..., Volume 5

West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1873 - 630 pages
...committed an error in overruling the defendant's said instruction. The third objection to the judgment is, that the court erred in overruling the appellant's motion for a new trial. As the case has to go back to the circuit court for a new trial, and the same question will not necessarily...
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The Central Law Journal, Volume 43

Law - 1896 - 542 pages
...the first being that "the court erred in overruling the demurrer to the complaint." and the second that "the court erred in overruling the appellant's motion for a new trial." Xo objection to the sufficiency of the facte alleged in the complaint to constitute a cause of that...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 1

Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1878 - 704 pages
...giving or refusing instructions to the jury, the only remaining question to be considered is, whether the court erred in overruling the appellant's motion for a new trial. In Ch. 110, Sec. 57 of the Eev. Laws of 1874, will be found the following words: " If either party...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1882 - 706 pages
...sustaining the appellees' demurrer to the 2d, 3d, 4th, and 5th paragraphs of the appellant's answer; Third. The court erred in overruling the appellant's motion for a new trial. The error assigned in this court is that the court of general term erred in affirming the finding and...
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The Pacific Reporter, Volume 170

Law reports, digests, etc - 1918 - 1210 pages
...certain instructions, and the refusal to give others requested by appellant. The twentyfirst assignment that "the court erred in overruling the appellant's motion for a new trial" is in legal effect merely a summary of the various alleged errors. The main question in issue toward...
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The Northeastern Reporter, Volume 9

Law - 1887 - 956 pages
...Bev. St. 1881, A fine of $15 was assessed against him. The only error assigned upon the record here is that the court erred in overruling the appellant's motion for a new tri:il. The propriety of the ruling of the court in overruling a motion to quash the indictment is...
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The American Decisions: Containing All the Cases of General Value ..., Volume 43

Law reports, digests, etc - 1886 - 866 pages
...in rendering a judgment in favor of the appellee, when it should have been for the appellant; and 2. The court erred in overruling the appellant's motion for a new trial. The evidence shows that Bowe had agreed to work for Eldridge on his farm, for the term of eight months...
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The American State Reports: Containing the Cases of General Value ..., Volume 11

Abraham Clark Freeman - Law reports, digests, etc - 1890 - 1052 pages
...set forth at length. The court denied the motion, and appellant exccpted. The errors assigned are: 1. The court erred in overruling the appellant's motion for a new trial; 2. The court erred in rendering a judgment in favor of appellee against appellant. Regarding the question...
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