Lane v. State Highway Department

Frankum, Judge.

Where it appears that an order setting a hearing on a motion for a new trial provides that the movants have until the hearing, whenever it may be; to prepare and present for approval a brief of the evidence, and where it appears that five appropriate orders of continuance were granted with each order preserving the rights of the parties contained under the motion, the movants have a right to present and tender a brief of the evidence and an amendment to the motion, on the last date set for a hearing thereon, without having their motion dismissed for the reason of laches. Each…