10 Kan. 105 | Kan. | 1872
The opinion of the court was delivered by
The record of this case presents only two-exceptions taken to. the rulings of the court below: one by the plaintiffs, and the other by the defendants. The exception taken by the defendants (plaintiffs in error,) was an exception to the decision of the court on overruling their motion for a new trial. A motion for a new trial was made on the following grounds, to-wit:
*110 “First, Because the attorney for the defendant was accidentally misled as to the time of the commencement of the April Term of this [the district] court, and was surprised that the same commenced on Monday April 1st instead of Wednesday April 3d (1872,) which he supposed to be the correct day as appears by his affidavit herewith filed.
“Second, Because the verdict is not sustained by sufficient evidence, and is contrary to law.”