Brand v. Fernandez

The appeal rests upon a voluminous record, through which the main transaction winds a sinuous and complicated course, which may be delineated only by a full statement of the material facts. As the judgment rests upon a directed verdict, we are without the benefit of authoritative findings of fact, which must be here eked out of the record and, where issuable, resolved, not in support of the judgment, but against appellees. This rule of presumption arises from the action of the trial court in taking the case from the jury and directing their verdict as if all the evidence raised only questions…