Cunningham v. Atterbury

This is a suit in replevin to recover a crop of wheat in the shock. Issues raised by the pleadings were tried and submitted to the jury and a verdict for defendant was returned. Afterward the court sustained the motion for a new trial filed by plaintiff but in the order granting a new trial failed to state the grounds for the ruling. Defendant appealed and his counsel contend that the judgment should be reversed and the cause remanded with directions to the trial court to render judgment for defendant on the verdict.

Two propositions are urged, viz., first, that no prejudicial error was…