Mays v. Mays

1. Where a verdict was directed by the court upon the first trial of a case, and a judgment refusing a new trial to the losing party was reversed upon the ground, among others, that the direction of the verdict was error, the grant of a new trial by the presiding judge after verdict found by the jury at the new trial, without direction, being the first judgment setting aside an actual finding of the jury, is subject to the rule that the first grant of a new trial will not be disturbed except where the verdict is demanded by the evidence, notwithstanding the second verdict was in favor of the…