Wheeler v. Mote

1. Where it appears that on the first trial of a distress warrant the court granted a nonsuit, and that upon the hearing of the plaintiff’s motion for a new trial the defendant moved to dismiss the motion on the ground that the movant had failed to present an approved brief of the' evidence, and where it appears that the judge passed an order overruling the motion to dismiss, to which ruling exceptions pendente lite were taken by the defendant, and that thereafter the trial judge, without any brief of the evidence having been presented, proceeded to grant the motion for a new trial, to which…