Mullis v. McCook

Bell, Justice.

In a suit for cancellation of a judgment and execution, and for other equitable relief, the court at the close of the evidence directed a verdict in favor of the plaintiff. The defendant, without filing a motion for a new trial, sued out a bill of exceptions containing several assignments of error on the direction of the verdict, one of which was a general statement that “the court erred in directing a verdict” for the plaintiff. This statement was sufficient as an assignment of error to raise the question whether the evidence demanded the finding so directed; and since the bill…