Zahner Manufacturing Co. v. Harnish

This is a suit in replevin. The case was tried before the court without the aid of a jury resulting in a judgment in favor of plaintiff, but thereafter the court sustained defendants’ motion for a new trial, not assigning any reason therefor. Plaintiff has appealed. The court having failed to state its reason for granting a new trial, it may be assumed that it was on the ground that the verdict was against the weight of the evidence as this was one of the grounds for a new trial set forth in the motion. [Alexander v. Allison, 224 S. W. 50; King v. Mann et al., 199 S. W. 705; Bernheimer v.…