Shelt v. Baker

On Petition for Rehearing.

McMahan, J.

Appellants on petition for rehearing complain, among other things, that we failed to decide the question presented by the second specification in their motion for a new trial. That is, that “the court erred in the assessment of the amount *623of the recovery by appellants on their amended second paragraph of cross-complaint, the same being too small.” This specification presupposes and is based upon the idea that there was in fact a finding or decision in favor of the party complaining, and that the court erred in assessing the amount of the recovery. This specification is not applicable where there was a general finding and decree that the party complaining take nothing. When the verdict or finding is against a party, the ground stated in the motion for a new trial should be that the verdict or decision is not supported by sufficient' evidence or that it is contrary to law.

Petition for rehearing denied.