Gartrell v. Theobold

The bill of exceptions sets forth that Lucy A. Gartrell sued William Theobold for damages. The jury returned a verdict in favor of the defendant on April 17, 1935, when judgment was entered accordingly. The plaintiff moved for a new trial, the motion containing the usual and general provisions, and the order thereon setting a date for a hearing, on or before which a brief of evidence was tó be presented for approval. The motion pended until September 21, 1940, on which date it came on for disposition. No brief of evidence was tendered to the court for approval, and on motion of the defendant…