Newton v. St. Louis & San Francisco Railroad

TRIMBLE, J.-

Appeal from a judgment for thirty-five hundred dollars based upon the verdict of a jury in words and figures, as follows: “We the jury find the issues for the plaintiff and assess his damages at the sum of thirty-five (3500) dollars.” The appeal was taken and allowed solely on the record proper. No bill of exceptions was filed to preserve matters outside of the record, hence the case is here without either motion for new trial or motion in arrest of judgment. The error complained of is that the judgment does not follow the verdict. Appellant claims the verdict is for thirty-five…