Guess v. Morgan

Reid, Chief Justice.

The assignment of error in ground 4 of the motion for new trial, upon the refusal to grant a nonsuit on motion, will not be considered, since the motion for new trial presents the complaint that the verdict is without evidence to support it, and in a consideration of this latter ground the question of sufficiency of evidence can be adequately tested, if necessary to pass upon it. “An exception to the refusal to award a nonsuit will not be considered where the jury has rendered a verdict against the defendant, and exception is taken to the refusal to grant a new trial on…