Bankers Health & Life Insurance v. Plumer

(After stating the foregoing facts.)

The order of the judge overruling the motion for new trial was not subject to the exception that it appears on its face that he did not use any judicial discretion and did not pass on any ground of error assigned or that it appears that he did not approve the verdict.

In the first special ground of the motion the defendant complains of the following charge of the court: “The plaintiff in this case, as I have already read to you, claims an additional sum as attorney’s fees. He contends that the defendant has acted in bad faith, has been stubbornly litigious,…