Miller v. Emerson

Plaintiff brought this action under section 11174, Revised Codes, to recover money lost by her husband in alleged gambling games operated and conducted by defendant. The jury awarded a verdict in her favor in the sum of $2,940, being the exact amount demanded by her in her complaint. Judgment was entered on the verdict. Defendant’s motion for new trial was denied and he appealed from the judgment.

The first point urged by defendant is that his motion for new trial should have been granted because the jury’s' verdict is contrary to the instructions and the result of passion and prejudice…