Coan v. Plaza Equity Elevator Co.

This is an appeal from an order overruling a motion for a new trial. The action was brought in December, 1927, and upon trial a verdict was returned for the defendant. A motion for a new trial was denied and the court’s stenographer, who took the testimony at the trial, having died before a transcript of the testimony could be procured, so that an appeal from the judgment might be taken, an action was commenced in equity to vacate the judgment and grant a new trial upon the ground that the plaintiff had been deprived of his right to appeal. The district court made findings of fact and…