Carroll v. Ryan

This is an appeal from an order granting a new trial.

Plaintiff’s complaint set forth two causes of action; one upon a check and the other upon an open account. Upon trial of the case to a jury, a verdict for the dismissal of both causes of action was rendered. Thereafter judgment in favor of the defendant for the dismissal of the action and for costs in the sum of $147.60 was entered.

Plaintiff moved for a new trial upon his second cause of action. The notice of motion for a new trial specified that the motion would be based, (1) upon all of the original pleadings and files in said case, (2)…