Rubens v. Whittemore

SHINN, J., pro tem.

Arrowhead Highlands Company, one of the defendants, appeals from an order granting plaintiff a new trial.

At the close of plaintiff’s case, on June 9, 1931, the court made and entered an order granting a nonsuit in favor of said defendant. The trial proceeded as to the other defendant and on August 29, 1931, findings and judgment were signed and filed, awarding costs to the defendants. In the meantime, on August 24, 1931, plaintiff served upon the defendants and filed his notice of intention to move for a new trial. Plaintiff’s motion was presented and submitted October 20,…