Frost v. Johnson

STAKELY, Justice.

This appeal is taken by appellant (plaintiff below) to review the action of the trial court in granting the defendant’s motion to set aside the verdict of the jury and the judgment entered thereon and to grant a new trial in the cause. The only error assigned on this appeal is based on this ruling.

The verdict of the jury in favor of the plaintiff against the defendant was rendered on count 1 of the complaint in the amount of $800. Count 1 is an action of trespass quare clausum fregit. This count substantially follows form No. 28, § 223, Code of 1940, Tit. 7, and is as…