Coal Operators Casualty Co. v. Randolph

Action by appellee to recover of appellant the amount of a judgment recovered by appellee against appellant’s insured. Trial by jury. Verdict for appellee. Judgment against appellant upon the verdict.

Appellant appeals from the overruling of its motion for a new trial, which action by the court is the sole assignment of error.

Appellant filed its brief in the Clerk’s Office on October 27, 1954, accompanied by a verified proof of service which stated that on October 26, 1954, the affiant “mailed” one copy of the brief to appellee’s attorney in Evansville, Indiana.

Appellee, by verified amended…