Hopkins v. Harrison

THOMAS, Justice.

The error assigned was the granting of ^plaintiff's motion for a new trial on the evidence — the verdict and judgment having been ■rendered for the defendant.

The brief of appellant contains this, statement: “When there is evidence on both sides, or some evidence to support the verdict, .it should not be set aside, because it may, mot correspond with the opinion of the court, as to the weight of the testimony, or because it is against the mere preponderance of the evidence. Cobb v. Malone & Collins, 92 Ala. 630-635, 9 So. 738.” Such is the rule when'a motion for a new trial is…