Salle v. Hurt

Opinion by

Judge Peters :

Even if it can be said that the verdict of the jury is against the weight of evidence, the preponderance certainly is not so decidedly against it, as to authorize this court to interpose and award a new trial on that ground against the opinion of the circuit judge.

Nor can we review the action of the court below in giving instructions as asked by appellee.

All the instructions asked by appellant were given, as were those asked by appellee, and at the close of those given for appellee, the bill of exceptions contains the following statement, “To which plaintiffs excepted.

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