Roberts v. Franklin

Plaintiff instituted suit in the district court seeking to recover a certain amount of money from his former guardian and bondsman of said former guardian. The parties will be referred to as they appear in the trial court.

The case was tried to a jury, and, at the conclusion of plaintiff’s testimony, the court directed the jury to return a verdict for defendants. Plaintiff filed his motion for a new trial, and upon hearing sa'id motion the court granted plaintiff a new trial, from which order granting said new trial the defendants appeal to this court.

The matter of granting a new trial by the…