Oliver v. Benson

Almand, Justice.

A. O. Benson, filed an equitable petition, against Hugh Oliver, for an accounting growing out of a partnership relation between the parties. The case proceeded to trial, and on October 30, 1953, verdict and judgment were rendered in favor of the plaintiff. The defendant filed a motion for new trial on the general grounds. On this motion the court issued a rule nisi, setting the motion for hearing on January-30, 1954. This rule provided that the movant “shall have until the hearing, whenever it may be, to prepare and present for approval a brief of the evidence in said case.”…