In Re Estate of Carithers

Appeal from a judgment entered after verdict of a jury revoting probate of the last will of William D. Carithers, deceased, and from an order denying appellant’s motion for a new trial. The contention is made on behalf of respondent that, by the failure to argue orally the motion for new trial, the said motion was waived. This is an interesting question which, in view of the conclusions reached by us with reference to the appeal from the judgment, need not be here considered at great length. This court has decided recently, however, that mere failure to present oral argument on the motion for…