Harvey v. Morse
Supreme Court of Minnesota
Action in the district court for -Hennepin county to recover $500 for false representations in the sale of an automobile.. The case was tried before Daly, X, of the Twelfth judicial district, who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $374.75. From an order denying his motion for a new trial, defendant appealed.
1Per curiam
The only question involved in this appeal is whether the verdict is supported by the evidence or excessive in amount. The motion for a new trial was limited to those grounds, and the alleged errors in the admission of evidence and instructions to the jury cannot be considered. State v. District Court, 56 Minn. 56, 57 N. W. 319. The questions so presented do not require extended discussion. The charge of the court in reference to the measure of damage, by the failure of defendant to challenge it by the motion for a new trial, became the law of the case. The amount of the verdict is clearly…
2Cases cited1 opinion
- State ex rel. Weide v. District Court Second Judicial Dist.Supreme Court of Minnesota · 1893