Leavel v. Johnston

This is a suit to replevin an automobile. There was a trial before the court without the aid of a jury resulting in a judgment for paintiff. The court thereafter sustained defendant’s motion for a new trial without assigning any reason therefor and plaintiff has appealed. One of the grounds for a new trial set forth in the motion was that the verdict was against the weight of the evidence. The court having failed to state its reasons for granting a new trial, it.may be assumed that it was on the ground that the verdict was against the weight of the evidence. [Alexander v. Allison, 224 S. W.…