Vanderpool v. Burkitt

Plaintiff had judgment on the verdict in the court below. The defendant moved to set aside the judgment and for a new trial pursuant to Section 174, Or. L.,.and from an order sustaining the motion plaintiff appeals. That section provides that a former judgment may be set aside and a new trial granted on motion of the party aggrieved for any of the causes referred to in the statute which materially affected the substantial rights of such party. Where, under the provisions of this statute, a former judgment has been set aside by an order of the Circuit Court on motion of the defendant, the…