Bankard v. Gibson

Opinion by

THREADGILL, C.

The appeal in this case is from an order of the court overruling a motion for new trial under the 9th subdivision of section 572. Compiled Statutes, 1921. This subdivision provides for new trial: “When without fault of complaining party, it becomes impossible to make a case-made.” The facts in the case were substantially as follows:

Judgment was had against plaintiff, and his motion for new trial, made within 3 days after judgment rendered, was overruled December 2, 1922, notice of appeal was given at the time, and 90 days extention from date was granted for preparing…