Kennedy v. Fidelity & Casualty Co.

While the first appeal herein was pending in this court, the defendant made a motion, which was heard on an order to show cause, to remand the case to the district court to enable the defendant to amend and renew its motion for a new trial on the ground of newly discovered evidence, which was to the effect that since the appeal was taken the defendant had learned that the plaintiff had assigned his verdict. The motion was denied and the order appealed from affirmed and the case remanded. (Supra, p. 1, 110 N. W. 97.) When the case reached *145the district court, the defendant made a motion for a…