Pleasant v. Allen Bros.

The defendant in the trial court has appealed from an order denying Ms petition for new trial, upon grounds of newly discovered evidence filed under the provisions of section 402, O. S. 1931.

Judgment was rendered against thei defendant on February 23, 1932. He promptly perfected an appeal therefrom to this court, which appeal was dismissed by reason of appellant’s failure to file briefs. On December 13, 1933, the mandate of this coúrt dismissing such appeal was spread of record in the trial court. Thereafter, on February 17, 1934, the defendant filed his petition for new trial, the denial of…