 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1918 - 870 pages
...these views, I am constrained to dissent from the opinion of Mr. Justice BROOKE. I am not persuaded that the court erred in overruling defendant's motion for a new trial. The testimony was in sharp conflict. If plaintiff and Mrs. Herendeen were believed by the jury, and... | |
 | Iowa. Supreme Court - 1872 - 660 pages
...id. 301 ; Nason v. Woodward, 16 id. 216; State v. Rorabacker, 19 id. 154. II. The third assignment is, that " the court erred in overruling defendant's motion for a new trial, because the 3. MASTER AND verdict of the jury was contrary to the eviSEHVAST: llabll- , . ., „ •... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1878 - 682 pages
...certificate to the transcript. The only assignment of error in this court is in the following words: " That the court erred in overruling defendant's motion for a new trial herein." There is no motion for a new trial in the record. Sustaining a demurrer to a complaint, without... | |
 | Florida. Supreme Court - 1879 - 1096 pages
...the failure to note an exception would render it unavailable. The eighth asignment of error, viz : that the court erred in overruling defendant's motion for a new trial, cannot be sustained. The only other errors therein named, not herein before examined and disposed of,... | |
 | 1894 - 1170 pages
...trial contains all the statutory causes In the statutory language, and the sixth assignment of error is that "the court erred in overruling defendant's motion for a new trial." The seventh cause for new trial is that "the court erred in giving Instructions numbered 1, 2, 3, 4,... | |
 | 1894 - 1154 pages
...second, that "the court erred In overruling defendant's motion In arrest of judgment;" and, third, that "the court erred in overruling defendant's motion for a new trial." The affidavit upon which the appellant was tried and convicted, omitting the caption, is as follows:... | |
 | 1922 - 958 pages
...covered by the oral charge of the court, and was therefore properly refused. We are not prepared to say that the court erred In overruling defendant's motion for a new trial, though the evidence offered thereon as to the whereabouts of the defendant on the night in question... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1889 - 856 pages
...testimony of the plaintiffs, they could not have come to any other proper conclusion. The last assignment, that " the court erred in overruling defendant's motion for a new trial, and in refusing a new trial," is sufficient, because too general. It is presumed that it merely intended... | |
 | 1890 - 1280 pages
...the verdict, but error in that respect is not suggested in the assignment. The nearest approach to it is that "the court erred in overruling defendant's motion for a new trial."The motion for a new trial designates as a ground therefor that "the verdict is not supported... | |
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In the fourth assignment of error it is contended that the court erred in overruling defendant's motion for a new trial on the ground of newly discovered evidence. 
