Kirkland v. Addison
Kirkland v. Addison
Opinion of the Court
I. Although the bill of exceptions recites that there was an amendment to the motion for a new trial, it does not specify such amendment as being a part of the record and material to a clear understanding of the errors complained of, and there does not appear in the record sent to this court any amendment to the motion for a new trial. This court, therefore, can consider only the original motion for a new trial, which contains only the general grounds.
2. This being a suit against the principal and the surety on a forthcoming bond given by the defendant in fl. fa., in which the plaintiff seeks to recover damages for a breach of the bond, and the evidence showing a failure of the defendant to produce the property at the time and place of sale after due advertisement, and a resulting damage therefrom to the plaintiff, the verdict for the plaintiff was not contrary to law for any reason insisted’ upon under the general grounds.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.