Jackson v. Motors Insurance Corporation

Nichols, Judge.

1. At first glance it would appear that the plaintiff is excepting to the first grant of a new trial, which judgment would not be disturbed; however, upon an examination of the defendant’s amended motion for new trial, which was approved by the trial court, it definitely appears that the trial on October 14, 1957 was the second trial of the case, and that the trial court had previously granted the defendant a new trial after *659the plaintiff had refused to write off the penalty and attorney’s fees found for him by the jury. Therefore, the exception is to the second grant of a new…