Cole v. Emerson

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from an order of the trial court setting aside the verdict of the jury and granting a new trial.

The action was originally a claim in the probate court for services performed in caring for the deceased and was appealed to the district court. The claim was stated in the probate court in two parts: First, services in caring for deceased from July 15, 1923, to July 15,1927, at $3 per week, under an agreement by deceased to pay for such services; and second, services for taking care of deceased while ill from July…