...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 Appeals necessarily includes...

...sustain the verdict. The rule, as to this, is stated in People v. Fiood. 102 Cal. 332, 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,...

...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,...

...substance, alleged nuisance in respect of the capstone and the hole in the drain. The ground taken on the motion for a new trial is that the verdict is against evidence. OF VOL. XII.] NEW SOUTH WALES. 603 The plaintiff was driving along the road at night, and,...

...have not, nor has either of them, any right or title to eaid premises, nor to the possession thereof." One of the grounds of the motion for a new trial, is that the twenty-fifth finding is not supported by the evidence. In the statement it is stated to have been agreed...

...Statute of Limitations, the verdict for the defendant cannot be supported. The first specification of the grounds of the motion for a new trial is that " the evidence was insufficient to justify the verdict in this : that the title to the land in controversy...

...show that no consideration has been, in fact, received. Abbott v. Hendricks, 1 Man. and Gr. 791. IY. One of the grounds of the motion for a new trial is, that the verdict is against the evidence and excessive. 4. — assign- The defendant also assigns error as follows : ment of judg- ,,—,, -,...

...The court gave twenty-nine instructions, none of which were excepted to at the time they were given. One of the grounds of the motion for a new trial is that the court erred in each instruction given to the jury; but no ground of objection to the instructions given...

...defendant is not entitled to judgment non obstante veredicto. The principal reason urged in support of the motion for a new trial is that the. verdict is against the weight of the evidence, and is excessive. We are inclined to believe the real weight of the evidence...

...price for his services during the whole period covered by the contract, less the amonnt so earned. One of the grounds of the motion for a new trial is that this amount is excessive, and we think that on this Park v. The Independent School District of rieasant...