
    Lilly Stivers v. David C. Borden.
    Where judgment is reversed for the sole reason that the court overruled a motion for new trial, predicated, upon the ground that the verdict was contrary to the evidence, it is error in the reviewing court to proceed to render a final judgment upon the evidence, the proper judgment in such case being that the verdict he set aside and the cause remanded for a new trial.
    Error to the district court of Brown county.
    
      Sly & Beihn for plaintiff in error.
    
      John G. Marshall for defendant in error.
   By the Court:

In this case the district court, having reversed the judgment of the common pleas on the sole ground that the verdict was against the evidence, thereupon rendered a final judgment upon the evidence in favor of the plaintiff in error. This was clearly erroneous. The judgment should have been such as the common pleas ought to have rendered, namely, that the verdict be set aside, and a new trial granted; and the cause should have been remanded to the common pleas for further proceedings.

Judgment accordingly.  