Farmers & Merchants National Bank v. Elliott

The trial court overruled appellant’s motions asking for a new trial and for a modification of the judgment. These rulings are assigned as errors. The only reason for a new trial presented is that the decision of the court is not sustained by sufficient evidence. We do not deem it necessary to discuss the evidence; it is enough to say that we have carefully examined the same,- and find that the court’s decision is in all things sustained thereby.

The motion to modify the judgment was not to correct a mere clerical error, but called for a material alteration of an essential judicatory part of…