Appeal from an order granting a motion for a new trial. The grounds assigned in the notice of intention were: Insufficiency of the evidence to justify the verdict, that the verdict is against law, and errors of law occurring at the trial. The first of these grounds is not before us, because the motion was heard on the minutes of the court by a judge who did not preside at the trial, and, as conceded on oral argument by both parties, it was not, and could not have been, granted for insufficiency of the evidence. The second ground is plainly without merit. The respondent does not indicate, nor does the record disclose, any contrariety between the verdict and the instructions. A verdict is *331[1] “against law,” in the sense of section 6794 of the Revised 'Codes, only when it is contrary to the law of the ease as given to the jury in the instructions. (Allen v. Bear Creek Coal Co., 43 Mont. 269, 115 Pac. 673; Previsich v. Butte Electric Ry. Co., 47 Mont. 170, 131 Pac. 25; Melzner v. Baven Copper Co., 47 Mont. 351, 132 Pac. 552.) It remains, then, to ascertain whether the order appealed from can be justified because of errors of law.