Parr v. Cutsinger
Parr v. Cutsinger
Opinion of the Court
This action was brought by the appellee against the appellant on a judgment, and also for money paid by the appellee as surety for the appellant. A demurrer to the complaint was overruled and exceptions taken. The appellant answered in four paragraphs: First, general denial; second, set-off; third, payment; fourth, a special plea of accord and satisfaction. A demurrer to the fourth paragraph of answer was overruled. A reply of general denial was filed to the third and fourth paragraphs of answer, and of general denial and payment to the second. Trial by the court, and a finding in favor of the appellee for $671.16. A motion for a new trial was overruled, and judgment was rendered upon the finding.
The only error assigned by the appellant is the overruling of the motion for a new trial.
The reasons assigned for a new trial were that the finding of the trial court “was contrary to the evidence,” that it was “not sustained by sufficient evidence,” and also’“contrary to the law.”
We have carefully read the evidence, and while it is conflicting, yet there is evidence which supports the
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.