Wakefield v. Lee

1. An assignment of error upon the refusal of the court to award a nonsuit will not be considered, where thereafter the case proceeded to a verdict in favor of the plaintiff, and the defendant’s motion for a new trial, to the overruling of which exception is taken, includes the ground that the verdict was contrary to the evidence and without evidence to support it.

2. The law as to nominal damages was not involved in this case, and the court did not err in failing to charge upon that subject. If the plaintiff had a right to recover at all for the killing of his cow, he was entitled to recover…