Hardin v. Pennington

Hugh M. Bland, Justice.

This is an appeal from an order of the trial court granting a new trial. The case was an action for personal injuries brought by appellee against appellant and resulted in a verdict for appellant. Appellee, in due time, filed her motion for a new trial. On June 22, 1965 the motion for a new trial came on for hearing and after argument of counsel, the court granted the motion. Hence, this appeal.

Ark. Stat. Ann. § 27-1901 (Repl. 1962) states as the first ground for granting a new trial:

“Irregularity in the proceedings of the court, jury or prevailing party, or any order…