Funk v. Fillman

This is an appeal from a judgment on a verdict in the superior court of Cochise county, and from an order denying a motion to set aside the verdict and judgment and for a new trial.

The question determinative of the appeal involves a construction of the record before us. From such record, it appears the facts are as follows: C. V. Fillman, hereinafter called plaintiff, brought suit against S. W. Funk, as trustee, hereinafter called defendant, for some $1,700. The issue was joined and the case tried to a jury which returned a verdict in favor of plaintiff in the sum of $1,453 on May 29, 1933,…