...verdict. The rule, as to this, is stated in People v. Flood, 102 Cal. 332, [36 Pac. 663], as follows: "If one of the grounds of the motion for a new trial is that it is contrary to evidence, and the order does not specify the ground upon which the new trial is granted,...

...State v. Bateman, 198 Mo. 212; State v. Sykes, 191 Mo. 62; State v. Foley, 144 Mo. 600.] IV. One ground of the motion for a new trial is that the verdict is against the evidence, and this we consider the most serious question presented. The defendant introduced fourteen witnesses...

...out to the Court just in what respect the verdict is against the evidence. When the reason assigned for a new trial is that the verdict is against the evidence, it seems to us that it is incumbent upon the party assigning that as a reason for a new trial to point...

...fact, the time at which the plaintiff'8 title became finally confirmed is wholly immaterial. One °* the grounds of the motion for a new trial is that the evidence does not support this finding. Upon the trial the char&cter of the defendant's possession...

...found that the common pleas court erred in overruling the motion of plaintiff in error for a new trial. One of the grounds of the motion for a new trial is "That the verdict is against the manifest weight of the evidence." Therefore, this holding of the court of appeal necessarily includes...

...A. Green, Assistant Attorney-General, for the State. (1) The only assignment of error contained in the motion for a new trial is that the verdict is against the weight of the evidence. In view of the testimony in this case this assignment seems -to hardly need...

...he had no impression, bias, or leaning, or preference, as to how his verdict should go in the case." One of the grounds of the motion for a new trial is that this Juror had in fact formed and expressed an opinion before he was summoned as a Juror, and consequently...

...is not very clear. Was the appeal from judgment taken within sixty days, or was the insufficiency of the evidence one of the grounds of the motion for a new trial? If neither, then no amount of specifications of particulars would authorize the appellate court...

...determining its sufficiency. Matz v. Railroad, 217 Mo. 275, 117 SW 584; Klockenbrink v. Railroad, 172 Mo. 678, 72 SW 900 ; Eswin v. Railroad, 96 Mo. 290,...shall not repeat the facts set forth in the statement accompanying this opinion. It appears that the testator was a man of average intelligence and of average...

...the appellee to prove that there was an unlawful eviction before he established his cause of action. One of the grounds of the motion for a new trial is that the evidence was insufficient to sustain the verdict. The judgment is therefore reversed, and the cause...