90 Va. 745 | Va. | 1894
delivered the opinion of the court.
The defendants moved the court to set aside this verdict, and grant to them a new trial, upon the ground that the said verdict is contrary to the law and the evidence. After the consideration of the said motion the court entered an order declaring that the said verdict was contrary to the law and the evidence, and that it would set the same aside and graut a new trial unless the plaintiff would abate the said verdict and take a judgment for three acres and oue hundred poles pf land, according to metes and bounds set out in the order of the court.
The plaintiff entered of record the abatement required by the court; whereupon the motion of the defendants, to set aside the verdict and graut to them a new trial, was overruled, and a judgment entered by the court against them for three acres and one hundred poles of land. To this action of the court the defendants excepted, and the case is here upon a writ of error.
The verdict and the judgment entered by the court are erroneous, and are set aside and annulled; and the case is remanded for a new trial.
JUDGMENT REVERSED.