Clarke v. Fast

HAYNES, C.

This appeal is from an order denying defendant’s motion for a new trial, based upon alleged errors of law occurring upon the trial, and upon the further ground that the verdict of the jury was not justified by the evidence.

After the jury was sworn counsel for plaintiff read the pleadings and moved the court to direct the defendant to first introduce evidence in support of his affirmative defense. The court so directed, and the defendant excepted, and assigns this ruling as one of the errors upon which he relies for a reversal of the order.

The plaintiffs are the widow and minor son…