Parks v. Morris, Layfield & Co.

Brannon, Judge:

W. H. Parks brought an action of assumpsit in the circuit court of Ritchie county against Morris, Layfield & Co., and recovered a verdict and judgment, and the defendants bring the case to this Court.

The first point arising is the claim for Parks that we cannot consider the evidence or instructions or ruling upon evidence for the reason that no exception was made to the action of the court in rendering judgment. There is nothing in this point. There was a motion to set aside the verdict, and an exception to the ruling of the court refusing to do so. This Court has repeatedly…