National Security Insurance Company v. Elliott

COLEMAN, Justice.

This is an appeal by defendant' from a judgment granting a new trial to the plaintiff in an action on a group accident insurance policy.

The original trial was before the court without a jury. The court rendered judgment for defendant. Within thirty days, plaintiff filed his motion for new trial which recites as follows:

“Comes the Plaintiff in the above styled cause and moves the Court to grant a new trial in this cause, a final judgement in the said cause was rendered March 3, 1961. For grounds for the above mentioned motion the plaintiff assigns the following:

“1. Evidence…