Amland v. Grose

Appellants in their petition for rehearing have pointed out that we overlooked the fact that a second motion for a new trial was argued with permission of the trial court. There assigned as error was the court's instruction that plaintiff had to establish forgery by a fair preponderance of the evidence. The motion was denied.

Appellants' counsel, at the close of the instructions, in response to an inquiry from the trial court, stated, "I am satisfied with the charge." The record does not show that the court was requested to instruct that the evidence must be clear and convincing either before…