David Sherlin v. Roberson

OPINION

McAMIS, Special Judge.

This case is before the court solely on the technical record and a bill of exceptions reflecting only what occurred when the court overruled plaintiffs’ motion for a new trial following a jury verdict for the defendant administrator. Plaintiffs have appealed from a judgment dismissing their suit.

We find it necessary to decide the single question: Did the trial judge approve the verdict as the thirteenth juror? We quote in full the remarks of the trial judge in overruling plaintiffs’ motion for a new trial:

“Well, as I stated in my statements Monday, I think that…