79 Iowa 174 | Iowa | 1890
I. The motion for a new trial was based upon the ground, among others, that the verdict was not sustained by sufficient evidence. The abstract show's tliat “judgment was entered sustaining said motion to set aside the verdict of the jury rendered herein, on the ground that the verdict was not sustained by sufficient evidence.” The case is one where the court below set aside the verdict for want of sufficient evidence to support it. ■
II. The evidence was conflicting, and the court below could well have found, in the exercise of its lawful discretion, that the verdict was not supported by the evidence. The trial court is charged in such cases with a large discretion. It has, usually, the