Daniel v. Daniel

1. Ground one of the amended motion for new trial complains that the court erred while charging the jury in stating that the court of ordinary, after a hearing on the issues formed by the caveat to the appraiser’s return, approved the report and return and findings of the appraisers and ox’dered that the return be made the judgment of the court. It is contended that such charge prejudiced the plaintiff in error because it unduly stressed the findings and judgment of the court of ordinary and deprived the plaintiff in error of a de novo investigation on appeal to the superior court. The ground…