Lowery v. Carver

The only error assigned by the appellant, which is properly assigned, is the overruling of his motion for a new trial. In this motion the only causes assigned for such new trial were as follows:

“ 1st. The verdict of the jury is not sustained by sufficient evidence; and,

“ 2d. The verdict of the jury is contrary to the law and the evidence.”

It is manifest, therefore, that this appeal presents no question for our decision, if the appellee is right in claiming, as he does, that the evidence given on the trial is not properly in the record.

It appears from the record that, at the September term,…