The provision of St. 1897, c. 472, § 1 that "In civil causes in which any questions or issues are submitted to a jury a verdict shall not be set aside except upon a motion in writing of one of the parties specifying the grounds relied upon in support of it" has no application to the setting aside by a judge of a verdict which he himself previously has ordered. He has power to do this of his own motion.
MORTON, J.
The court had power of its own motion to order the verdict to be set aside. Pub. Sts. c. 153, § 6. Ellis v. Ginsburg, 163 Mass. 143, 146. It is not necessary to consider St. 1897, c. 472, for the reason that no questions or issues were submitted to the jury.
Exceptions overruled.