Lambert v. Dally

This is an action in bastardy. After the jury verdict finding the defendant to be the father of the child involved, a motion for new trial was filed by the defendant. This was granted by the trial judge who gave three reasons for his action.

1. The court erred in failing to grant defendant’s motion for a directed verdict at the close of all the evidence.

2. The court erred in failing to rule on defendant’s motion for a directed verdict.

3. The verdict was against the weight of the evidence.

From this order directing a new trial in the action, the appellant has appealed to this court. Although…