Clausen v. Miller

This is an action by an administratrix to recover the double damages, authorized by § 8709 of the Compiled Laws, from one who is alleged to have embezzled, concealed or alienated the property of a decedent. At the close of the case the defendant moved to dismiss for failure to prove conversion, which motion was denied. The jury returned a verdict for the plaintiff in the sum of $4,000.00 and judgment was entered thereon. Defendant moved for judgment notwithstanding the verdict or for a new trial, and the trial court granted a new trial. From this order granting a new trial the plaintiff…