Beckley

An appeal from an order granting a new trial. An action for slander was brought by appellant in which a jury returned a verdict against respondent in the sum of $2,000.

The latter moved for a new trial on several grounds, among which were that the evidence was insufficient to justify the verdict, that the damages awarded were excessive and the verdict given under the influence of passion and prejudice. An order denying the motion was entered as follows: The motion for a new trial coming on for hearing, the court stated that if plaintiff will consent to reduce the verdict to $500 as punitive damages and $50 as compensatory damages, and plaintiff not consenting to that reduction of the verdict, whereupon it is ordered that motion for new trial be and is hereby granted upon all the grounds stated in the notice of intention to move for a new trial in the files and minutes of the court.”

It appears to be conceded by counsel that none of the grounds for a new trial specified in the notice of intention other than those mentioned above was urged at the hearing, and it is contended by appellant that the evidence fully sustains the verdict, and that nothing appears from the record that…