Dunn v. Goodrich Rubber Co.

This was a suit upon an account. The defendant filed a plea, but withdrew it. The ease does not appear to have been marked in default. When it was called for trial the court, in the absence of the defendant, directed a verdict in favor of the plaintiff, without requiring the introduction of evidence. The defendant filed a motion for a new trial, but was unable, of course, to furnish a brief of evidence. The motion was overruled, and the defendant excepted. Held: 1. “Where one who is dissatisfied with a verdict seeks to set it aside by a motion for a new trial, a brief of the evidence is an…