Wright v. Nichols

OPINION of tbe Court, by

judge Trimble.

— 1⅛ has been assigned for error, by the appellant, (who was defendant in the court below,) that the court improperly granted a new trial on the motion of the plaintiff, when the verdict was for the defendant. From the record it appears that a verdict was found for the defendant, which, on motion of the plaintiff, was set aside, and a new trial granted him on payment of costs, without any exception being taken by the defendant to the opinion of the court. If the court had erred in granting the new trial, the defendant ought, by bill of exceptions, to have…