SCHAEFER v. THEN

APPEAL AND ERROR, § 882 — assignment as error that judgment was too small as without merit. Where defendant assigned as error fact that verdict in favor of plaintiff was less than damage sustained by him held that alleged error is without merit inasmuch as it is generally held that one against whom judgment has been rendered cannot be heard to object, upon appeal, that judgment was for too small amount.

Opinion by JUSTICE BARTLEY.

Not to be published in full. Opinion filed October 26, 1945; released for publication November 27, 1945.