Bowen v. Cook

Hon. S. H. Hempstead, Special Judge,

delivered the opinion of the court.

This case was before this court at a previous term, (5 Eng. 309,) and was reversed. The evidence on the second trial, if not identically, is at least substantially the same as reported. It has become the settled law of this court, that a refusal to grant a new trial, on the general ground that the verdict is contrary to law and evidence, will not be reviewed, unless there is a total lack of evidence upon one or more points necessary to the maintainance of the action, or making out the defence. Where the question simply is…