McBroom & Wilson Co. v. Gandy

The opinion of the court was delivered by

Gordon, J.

Appellant, plaintiff in the lower court, appeals from an order setting aside a verdict of the jury in its favor and awarding a new trial. In this court he assigns two grounds of error: (1) That neither the notice of motion nor the motion itself was served after the filing thereof. (2) “That the court erred in granting a new trial for the reason that the verdict was supported by the evidence and no prejudicial error was committed at the trial.”

As to the first assignment, the record shows that the notice of motion for a new trial was filed with…