...question which can be considered by a court of review, where there is no assignment of error on the action of the trial court in refusing to direct a verdict for the defendant and in submitting the case to the jury. 4. PRACTICE — how alleged variance must be taken advantage...

...injury from the explosion which Immediately followed, reviewed and found not sufficient to justify the trial court in refusing to direct' a verdict for the defendant, or in submitting to the jury the question of the defendant's liability — it appearing that there...

...the suit depends. The question we have considered Is raised by an exception reserved to the action of the trial court In refusing to direct a verdict for the defendant upon the ground just stated. Such an Instruction, we think, should have been granted. There are a number...

...defendantIn error. PER CURIAM. The only assignment oí error challenges the propriety of the action of the trial court in refusing to direct a verdict for the defendant, at Its request. Such a direction would hare been in the face of our opinion, rendered In an earlier...

...excessive charge. After reading the deposition In question and In view of the amplitude of the Inquiry we find no error In the action of the trial court, In the circumstances in this case, In allowing the part of the deposition objected to to be read. To have...

...In court merely for the purpose of enabling attorneys to collect their fees. For the reasons stated we find no error In the action of the trial court In refusing to grant the plaintiff a further hearing upon his application, and In denying the application....

...the absence of B. R. Juett, an attorney who was connected with the case. On the state of the record we find no error in the action of the trial court in refusing a continuance for this cause. It appears that, when the motion for continuance to another...

...CONSTRUCTIVE NOTICE. 1. An appellate court will not reverse a judgment for alleged error on the part of the trial court in refusing to direct a verdict for the defendant, unless thoroughly satisfied that no recovery could properly be had by the plaintiff upon any view that...

...question in this proceeding to establish his right of possession. From our examination of the record we find no error in the action of the trial court in denying appellant's motion for a nonsuit, and we are satisfied that the evidence offered and admitted...

...court. JELKE, J. ; SWING, J., and GIFPEN, J., concur. Hearing on review of proceedings in condemnation. We find no error in the action of the trial court in the second proceedings in requiring the plaintiff in error to proC & C. Bridge Co. v. Magruder et al....