Roark v. Dempsey

Haden, Chief Justice:

This is an appeal from a final order of the Circuit Court of Mercer County which overruled the Roarks’ motion to set aside a judgment of the Intermediate Court of Mercer County entered upon a jury verdict and to award them a new trial.

The appellants assign two errors for this Court’s consideration. First, they assail the trial court’s refusal to permit a witness to testify in the case because of counsel’s failure to submit the prospective witness’ name and identification to the opposing party at least ten days before trial in accordance with an oral direction of the judge…