
    Boyer, appellant, v. Brown.
    
      Practice—appeal from order setting aside verdict— O'ase not containing all the evidence— Oosts.
    
    Where a verdict was set aside in the county court on the ground that it was against the evidence, and the case on appeal did not profess to contain the whole evidence; held, that the court could not say that it was not properly granted.
    The costs on granting a new trial in such case were in the discretion of the county judge.
    Appeal from an order at the Herkimer county court setting aside a verdict as against the evidence. The action was brought in a justice’s court by Hiram Boyer against Boswell D. Brown, to recover for work, labor and services of plaintiff’s team and workmen.
    
      Link & Dennison, for appellant.
    
      Burrows & Palmer, for respondent.
   E. Darwin Smith, J.

Order affirmed.  