Burnet v. Bazemore

On Mótion for Rehearing.

Counsel for movant contends that the failure to enumerate as error the ruling on the motion for new trial did not fix the law of the case with regard to the motion for judgment n.o.v. He argues this position is sound because the motion for new trial complained, (1) that the verdict is decidedly and strongly against the weight of evidence, (2) that the verdict is contrary to the principles of justice and equity, while the motion n.o.v. was on the grounds that the verdict is contrary to evidence and without evidence to support it. Thus, it is reasoned that the grounds…