Sumner v. Sumner

Jenkins, Justice.

The plaintiff contends that the previous denial of her extraordinary motion for new trial does not preclude her from now proceeding, because the merits of her grounds, although the same, have never been determined, for the reason that the trial court did not refer to “any specific ground" or “assign any particular reason" for its first decision, and because the decision of this court affirming that judgment (cited above) was based on the technical ground that “the court need not have considered some of the affidavits attached to the motion." It is contended that “the issue…