Simmons Company v. Hardin

1. Under the general grounds of his motion for new trial, the defendant contends that the verdict, as a matter of law, is contrary to the evidence presented at the trial and should not be allowed to stand.

In his brief and argument, the defendant (plaintiff in error) admits that the petition sets forth a cause of action and was not subject to general demurrer, but he insists that the verdict is contrary to the evidence as a matter of law. The plaintiff contends that this is a new assignment and can not be considered by this court, not having been raised in the court below. This contention is…