Daub v. McCoy

Citations

• 76 Kan. 360
• 91 P. 91
• 1907 Kan. LEXIS 266

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, Supreme Court — Consideration of a Case on the Merits Pending a New Trial. Where a district court properly sets aside a verdict in favor of the defendant on the ground of misconduct of the jury and grants a new trial, this court, pending such new trial, cannot at the instance of the defendant reverse the decision of the district court and direct a judgment in favor of the defendant upon the merits of the case.</p>