State ex rel. Simons v. Kiser

OPINION

By HORNBECK, J:

This is an appeal from an order overruling a motion of plaintiff for judgment upon the evidence after verdict, and the one error assigned is the failure to sustain the motion. Defendant-appellee moves to dismiss the appeal on three grounds:

1. That the orders complained of by the appellant occurred following the first trial, to the jury in this case, and the plaintiff-appellant participated in the second trial before a jury without any objections being raised at that time, and that this Court has previously ruled “the trial court cannot consider any favorable legal…