Etchas

When this cause was called for trial in the superior court the plaintiff mqved for judgment on the pleadings in her favor, and, the court having denied her motion, she excepted to the ruling. The cause was thereupon tried before a jury and a verdict rendered in favor of the plaintiff for the *271 sum of fifteen hundred dollars. The defendant moved for a new trial, upon the ground, among others, that the evidence was insufficient to justify the verdict, and, after hearing the motion, the court made an order granting a new trial upon •that ground, unless the plaintiff should before a certain day remit all of the verdict in excess of seven hundred and thirty-five dollars. She declined to, remit this excess, and has appealed from the judgment and also from the order granting a new trial.

1. The appeal from the judgment is based upon the refusal of the court to grant her motion for judgment upon the pleadings, the appellant contending that such motion should have been granted and judgment rendered in her favor for two thousand one hundred and twenty-four dollars, the amount claimed in the complaint. The ground of the motion was that there was no denial in the answer of the allegations…