Sig. C. Mayer & Co. v. Smith

The issues having been tried and submitted to the jury, if there is any material evidence supporting the verdict this court is without authority to set aside the verdict unless material error was committed in the admission of testimony, *562or in refusing to give the instructions requested by the plaintiff. Article VII, Section 3c, State Constitution.

The counterclaim of the defendant was not moved against or demurred to. It will be construed most favorably to the defendant. So construed, it clearly states a good counterclaim. There was sufficient evidence of the counterclaim to carry the case to…