Miller v. National Benefit Ass'n.

The defendant has appealed from an order granting the plaintiff a new trial. The evidence offered at the trial was not in dispute and based upon this evidence the trial court made findings of fact and conclusions of law.

The grounds upon which a new trial was ordered are set forth in the order granting plaintiff a new trial, as follows:

“1. The grounds urged and set forth in the Plaintiff’s application for new trial which is referred to and by this special reference made a part hereof, and particularly,

“2. The insufficiency of the evidence to support the findings of fact and conclusions of law…