McElhoes v. Dale

The only error assigned is the overruling of the appellant’s motion for a new trial. The causes stated in the motion for a new trial are:

1st. The finding of the court is contrary to law.

2d. The finding is contrary to the evidence.

3d. The finding is contrary to the law and the evidence.

The entire brief of the appellant is addressed to the proposition that the amount of the recovery was too large by the sum of one hundred and fifty dollars, and interest thereon from the date when it ought, as is claimed, to have been credited on the note sued on, it being conceded that the finding in favor of…