Hall v. Smith

1. Under repeated rulings of the Supreme Court and of this court, an assignment of error upon a refusal to grant a nonsuit will not be considered by the reviewing court, where the case proceeded to verdict and judgment in favor of the plaintiff, and the defendant’s motion for a new trial contained the ground that the verdict was contrary to the evidence and without evidence to support it.

2. The following ground of the motion for a new trial is obviously without merit: “That the charge of the court as given was given in exact accord with what counsel for the plaintiff and the defendant agreed…