Owen v. Taylor Ex Rel. Taylor

(Concurring specially) — The above entitled cause was tried to the court and jury, verdict was in favor of respondents, judgment was entered thereon. Appellant, thereafter, gave notice of his intention to move for a new trial, and duly thereafter moved for a new trial, which was denied. Defendant prosecutes this appeal both from the judgment and the order denying the motion for a new trial. Appellant failed to obtain a certificate, under rule 23, from the trial judge as to the papers, records and files used and considered by the judge at the hearing of the motion for a new trial; but later,…