Brannen v. Riggs

On April 11, 1927, an extraordinary motion for a new trial was filed, upon two grounds: (1) that the court had, on February 12, 1927, erred in dismissing an ordinary motion for a new trial, and (2) because of newly discovered evidence that a juror “who was on the panel that rendered a verdict for the plaintiff therein was a disqualified juror’ because of relationship to the plaintiff.”

The first of these grounds is without merit, because an *357extraordinary motion for a new trial is not the proper method to secure the reinstatement of a former motion for a new trial which was dismissed. Moreover,…