Stevens v. Nevitt

In this case, the errors assigned on the record relate, exclusively, to the insufficiency of the evidence to sustain the finding of the Court, to whom the cause was submitted for trial. But it is suggested that there was no proper motion for a new trial. In reference to that point, the record entry is in these words: 11 And here the testimony dosed, and being all the testimony, the Court found for the plaintiff, whereupon the plaintiff moved for a new trial, because the finding of the Court is contrary to law and evidence; which motion the Court overruled, and the plaintiff excepted,” &c. The…