Markel v. Glassmeyer

The main case here is No. 29988. There are two transcripts but only one bill of exceptions. The cases are briefed and argued together. There is in effect but one case. Plaintiff sued defendant for damages for personal injuries arising from an alleged assault on plaintiff’s wife. Trial by jury resulted in a verdict and judgment for plaintiff April 29, 1936. Defendant’s motion for a new trial was overruled June 3, 1936, and notice of appeal was given.

August 17, 1936, defendant filed another motion for a new trial, stating that he had served a bill of exceptions on plaintiff on July 23, 1936,…