Judah v. Trustees of Vincennes University

Erazeb, L

1. There is a motion to dismiss this appeal or to affirm the judgment below, on the ground that two new trials have been already granted to the appellant.

In support of this motion, the provision of the code is relied upon as conclusive, which declares that "not more than two now trials shall he granted to the same party in the same cause.” 2 G. & H. 214.

One new trial was granted, on the appellant’s motion by the consent of the other party. Subsequently there was a trial of the same issues, which resulted in a verdict and judgment against the appellant, who appealed to this court.…