Gibson v. City of Chickasha

This is an appeal from an order of the district court of Grady county denying a petition for a new trial under the 9th subdivision of section 398, O. S. 1931. This subdivision provides for a new trial: ‘•"When without fault of complaining party 't becomes impossible to make a case-made.”

The record discloses the following state of facts:

Judgment was rendered against the plaintiffs in error (plaintiffs below) on October 16, 1926. Motion for a new trial was filed on October 19, 1926, but not acted upon by the court until October 8, 1927, at which time it was overruled and notice of appeal to…