Mullenhoff v. Sherer

The supreme court has decided that when a verdict is sought to be set aside as being against the weight of evidence, after a motion has been made for a new trial upon the minutes, it is essential that the case upon appeal state that it contains all the evidence given upon the trial; otherwise the court will assume that there was evidence sufficient to warrant the verdict rendered. Cheney v. Railroad Co., 16 Hun, 415-419. The same rule is applied to a case upon appeal from the decision of a court or referee. Then, if the appellant intends raising, on appeal, the question that a finding is…