Wendling Lumber Co. v. Glenwood Lumber Co.

This is an appeal by plaintiff from an order granting defendant's motion for a new trial in an action for damages for the alleged conversion of certain lumber. The order granting the new trial was made by the successor of the judge who presided at the trial of the cause, and was expressly made upon the grounds that the evidence was insufficient to sustain the verdict and that the jury did not follow the instructions of the court.

Defendant claims that the order granting a new trial was correctly made for a reason not specified therein, — viz. that the trial court erred in admitting certain…