Ross

This is an appeal from an order granting plaintiff’s motion for a new trial.

The action is based on a promissory note. On the trial the jury returned a verdict in favor of defendant and was discharged. *521 Thereupon, without notice, counsel for plaintiffs moved the court to vacate and set aside said verdict and to grant a new trial in said action, upon the ground that there had been such a plain disregard by the jury of the evidence in the case as to satisfy said court that said verdict was rendered under the influence of passion and prejudice, and upon the further ground that there had been such a plain disregard by the jury of the instructions of the court as to satisfy the court that the verdict was rendered under a misapprehension of such instructions. The court denied this motion, and thereafter the plaintiffs served notice of intention to move for a new trial on the grounds of insufficiency of evidence, that the verdict is against law, and for errors of law occurring at the trial. The court made an order granting this motion upon the payment by plaintiffs of the sum of seventy-six dollars and fifty cents, costs. I think the first motion of defendant for a new trial was…