Rosenzweig v. Frazer

The appellant, who was the defendant below, moved for anew trial because the judgment was not sustained by sufficient evidence and was contrary to law.

These are not statutory causes for a new trial. Code of 1852, sec. 352; R. S. 1881, sec. 559. It is cause for a new trial if the verdict or finding is not sustained by the evidence or is contrary to law, but not so of the judgment. It frequently occurs that, upon verdicts or findings in strict accord 'with the law and the evidence, judgments contrary to both law and evidence are rendered. But, as has been often decided, the remedy against such…