Engel v. Mead

In a trial to the court without a jury, the plaintiff recovered a judgment for unpaid wages. The defendant assigns error in the failure to grant a continuance of a hearing on his motion for a new trial, and that he was not permitted to argue his case before the court. We affirm the judgment of the District Court.

The defendant’s motion for a new trial asserted prior error in the rulings of the court, and did not allege or assert any grounds by way of newly discovered evidence. The purpose of a motion for a new trial under our procedure is to give the trial court an opportunity after judgment…