Dantzler v. Funderburg

The opinion of the Court was delivered by

Mr. Justice Marion.

In action for the recovery of real estate, the jury rendered a verdict for the plaintiffs. The defendants moved for a new trial. The Circuit Judge granted .the motion, and “ordered that a new trial be, and the same is hereby, granted upon the entire record in the case.”

The plaintiffs have appealed upon the grounds, substantially, that it was error to grant the new trial “upon the entire record in the case” when the motion for new trial was not based upon that ground, but was based upon specific allegations' of error of law in the…