Knox v. Barnett

delivered the opinion of .the court.

In this case there was a trial by the court by consent, a finding for the defendant, a motion for new trial, motion overruled, exception thereto, and judgment for the defendant. '

' The grounds of the motion for new trial were, that the finding of the court for the defendant was contrary to the evidence and to the law as applicable to the evidence. ••:

The first question presented, while we think it is one easy of solution and determined with little difficulty, is of great importance as a matter of practice, and deserves, and has received at our hands,…