Robinson v. Nelson

This is an appeal from an order granting a new trial. The case was originally tried before the then presiding judge of the Fifth judicial circuit, Hon. Frank Anderson. He made findings of fact and gave judgment for plaintiff and appellant on November.30, 1921.

On December 21, 1921, Judge Anderson was appointed one of the judges of the Supreme Court of this state; and later B. A. Walton was appointed in Anderson’s place as the presiding judge of the Fifth judicial circuit.

December 5, 1921, notice was given by respondent and defendant of intention to move for a new trial, “based upon a settled…