FLYNN v. JOHNSON

Practice, Civil, New trial.

Questions which might have been raised at the trial of an action upon its merits cannot be presented after verdict as of right upon a motion for a new trial.

The disposition of a motion for a new trial based on contentions that the verdict was against the law, against the weight of the evidence, or against the law and the weight of the evidence, or that the damages were excessive, lies wholly within the discretion of the trial judge.

BY THE COURT.

Whatever questions might have been raised at the trial on the merits, cannot be presented as of right on a motion for new trial. The granting or the denial of the motion on this and the other grounds therein set forth was wholly discretionary with the trial judge.

Exceptions overruled.