Whitehurst v. . Pettipher

Clark, J.:

The “case agreed5’ states: “The plaintiff made no exception whatever during the trial, nor to the charge. The jury found the issues in favor of the defendant. After the verdict the plaintiff moved for a new trial, on the ground that the verdict was against the weight of the evidence, and made no other objection whatever.”

The motion was overruled, and judgment was entered against plaintiff. It needs no citation of authority that this Court will not review the refusal by the Court below of a motion to set aside a judgment as being against the weight of the evidence. Indeed, the point…