Rubin v. Hardin

1. An exception based upon the refusal of the court to award a nonsuit will not be considered, where, subsequently thereto, the case is submitted to the jury and, a verdict being rendered against the defendant, a motion for new trial is made which presents the complaint that the verdict is contrary to the evidence and without evidence to support it. Where a motion for new trial is based upon this ground, the' court will review the sufficiency of the evidence as a whole, in the light of the verdict, and will not merely consider the sufficiency of the plaintiff’s case to withstand a motion for…