INDEX.
ACTION.
Right of, see Agreement, 1.
AFFIDAVIT.
In granting new trial, see New Trial, 3, 4, 5.
In mandamus, see Mandamus, 3.
AGENCY.
Revocation of, see Principal and Agent.
AGREEMENT.
Construed—Right of Action Thereon.
1. Agreement set forth in opinion construed, and held not to warrant an action thereon by plaintiff, who was not a pay thereto, the agreement not being made for the benefit of plaintiff; Bartholomew, J., dissenting. Parlin v. Hall, 473.
2. Held, further, that it did not constitute a letter of credit; Bartholomew, J., dissenting. Id.
ANSWER.
Frivolous, see Pleading, 1.
APPEAL.
Duty of Court in certain cases, see Evidence, 3.
In General.
1. No motion for a new trial was made in the court below, but the rulings complained of were preserved by a bill of exceptions incorporated with the judgment record. On appeal from a judgment this court will review alleged “errors of law occurring at the trial,” and properly appearing upon the record, without a motion for a new trial in the court below. Sandford v. Duluth & Dakota Elevator Co., 6.
2. Where a trial court improperly refuses to direct a verdict at the close of the testimony, or to give a request in the charge to the jury, such improper refusals constitute ‘‘errors of law occurring at the trial.” The remedy for such errors by motion for a new trial is not exclusive, but is concurrent with that of appeal from the judgment. Id.
