Jones v. Phillips

CLAY, Commissioner.

This case presents unusual features. Plaintiff brought suit on an $800 check allegedly executed by defendant’s decedent. The parties went to trial on a traverse of the allegations in the petition. A verdict was directed for plaintiff.

Thereafter defendant filed a motion and grounds for a new trial. The trial court sustained the motion, not for any reason therein set forth, nor because of an error appearing in the' record, but upon the ground that his personal inspection of the check disclosed it had been materially altered. Thereupon defendant amended his answer and…