Cogshall v. Spurry

The opinion of the court was delivered by

Valentine, J.:

The assignments of error in this case are as follows:

“1. The said court erred in the instructions given to the jury on the trial of the said action.

“2. The court erred in admitting evidence in the trial of said action.

“3. The verdict was contrary to the evidence.

“4. The said judgment was given for the said S. W. Spurry when it ought to have been given for these plaintiffs.”

It will be seen that nothing is said in the assignments of error with regard to a motion for a new trial. There was a motion for a new trial, however, made and filed in…