Nyman v. Gasche

<p>Abstract of the Decision,</p> <p>1. Tbial, § 199*—effect of conflicting evidence on motion for directed verdict. A motion for a directed verdict is properly overruled where the evidence is conflicting.</p> <p>2. Appeal and ebbob, § 601*—necessity for preservation of motion for new trial for review of sufficiency of evidence. The weight or sufficiency of the evidence will not be considered in the absence of the proper preservation of a motion for a new trial.</p> <p>3. Appeal and bbbob, § 800*—insufficiency of transcript to preserve ruling on motion. The failure to preserve a motion for a new trial on the ground of the weight or sufficiency in the bill of exceptions is not obviated by a recital in the clerk’s transcript that such a motion was made and overruled.</p> <p>4. Instbuctions, § 133*—presentation of opposing theories. An instruction framed to present plaintiffs’ theory of the case and not that of defendants’, which is presented by other instructions given at defendants’ request, is not erroneous.</p>