Simes v. Atwell

The case is wrongly entitled. It should of course be Atwell, Ap’t v. Simes, Ex’r. But as it has gone so far that it will appear in some indexes in the present form, it will be so continued to avoid confusion.

The question of the sufficiency of the evidence to support the action is not presented by the record. There was no motion for a non-suit or for a directed verdict. The motion to set the verdict aside as against the law and the evidence presents no question of law not raised during the trial. Freeman v. Mills, 84 N. H. 383, and cases cited.

The motion to set the verdict aside as against the…