Nowell v. Neal

Plaintiff took no exceptions to the findings of fact. Her sole assignment of error reads:

“The plaintiff excepted to and assigns as error THE JUDGMENT AND THE SIGNING THEREOF; THE ORDER AND THE SIGNING THEREOF.”

This assignment raises only these questions: (1) Did the judge err in refusing to set aside the verdict rendered at the May 1955 Term and the judgment based thereon which had been affirmed by this Court; and (2) Do the facts found by the court support the order entered?

The basic reason underlying plaintiff’s motion for a new trial on the issues raised at the trial had at the May 1955…