Sheriff Motor Co. v. State Ex Rel. Parker

After verdict, the appellants, the defendants below, filed a motion for a new trial; whereupon, the appellee, the plaintiff below, moved that on the consideration of the appellant’s motion for a new trial they elect to waive their exceptions taken in the case to rulings and instructions of the court. This latter motion was overruled by the trial court, and the motion for a new trial was heard without putting the defendants to the condition precedent of waiving said exceptions.

At the conclusion of the hearing on the motion for a new trial, the court below ordered that the motion be granted,…