Pound v. Dunn

Nichols, Judge.

A reading of the judgment shows that the motion for new trial was overruled because “counsel” were unable to agree on the brief of evidence. Error is assigned in the bill of exceptions on this disposition of the case and it is contended that it was, “error for the court to disallow proposed brief of evidence, without, in said order stating, in what particular, same did not meet requirements of law, and wherein incorrect or point out omissions, so as to give counsel for movant an opportunity to make corrections and amends.”

“ ‘If one who makes a motion for a new trial in due and…