Hesser v. Rowley

Appeal by the plaintiff from an order denying her motion for a new trial. The grounds of the motion were, that one of the findings of the court was not sustained by the evidence, and that there were certain specified errors in the admission and rejection of evidence.

Upon this appeal we cannot consider the sufficiency of the pleadings and findings to support the judgment. But a decision of the materiality of the finding which is attacked by the specification will require a consideration of the effect of the greater part of the evidence and of the facts alleged and found.

The action is upon an…