Fisher Motor Co., Inc. v. Reppert

Per Curiam,

Plaintiff recovered a verdict in a suit on a mortgage; defendant asked fo.r a new trial, assigning five reasons; the court below granted the motion, stating in its opinion, “For present purposes, we need consider only the fifth reason,” which complained of binding instructions for plaintiff. Thus it may be seen that, while only one reason for granting a new trial is discussed by the court below, yet other reasons existed which might have dictated that course. When the case came on for argument, counsel for appellant was told, if the trial court would certify that the reason…