Fredd v. Randolph

Deen, Presiding Judge.

From a judgment for the defendant the appellant filed a motion for new trial on the general grounds and one special ground which alleged that he was not served with an answer to the complaint and was therefore not aware of the appellee’s defenses until the trial. There is no transcript of evidence. The motion for new trial was dismissed for lack of prosecution and plaintiff appealed, enumerating as error (a) the denial and (b) dismissal of the motion for new trial; (c) that there exists new evidence not previously available to appellants, and (d) that "the verdict was…