Dudley v. Hull

The appeal contains assignments of error based upon rulings on evidence and exceptions to the failure to find, and in the finding of, certain facts; the additional reason of appeal contains a single assignment of error, the denial of the plaintiffs’ motion for a new trial.

We consider, first, the denial of the plaintiffs’ motion for a new trial. In our practice such a motion is sometimes denominated a motion and sometimes a petition. The facts upon which plaintiffs based their motion for a new trial were, that the official stenographer who had taken down the testimony offered upon the trial…