Kynett v. New Mine Sapphire Syndicate

This is an appeal from an order granting a new trial. The order, or orders, granting such trial was made under these circumstances. The cause was tried by the court without a jury on July 24, 1957, and judgment, that the plaintiff have and recover from the defendant the sum of $29,317.42 with interest thereon from April 5, 1954, was entered on May 21, 1958.

On May 28, 1958, notice of motion for new trial was filed by the defendant. The notice was made upon the minutes of the court and upon affidavits, and on the same day, an order was made staying execution of the judgment pending…