Swauger v. Lawler

LATIMER, Justice.

I concur.

Appellant makes two principal arguments as to why the judgment of the trial court should be reversed. The first contention is that the trial court was without jurisdiction to consider the motion to set aside the judgment for the reason that it was in effect another and second motion for new trial. The second contention is that on the motion for new trial the trial court passed on the same legal principles involved in the motion to set aside the judgment, and the ruling on the motion for new trial was res ad judicata as to the issues raised by the subsequent motion.

In…