Mason v. Commerce Trust Co.

TRIMBLE, J. —

This is an action, originating in a justice court, to recover money paid under mistake. The jury found for plaintiff and the court sustained defendant’s motion for new trial. The abstract of the record merely recites that the motion for new trial was sustained and does not copy the order made. As the abstract contains no reason for the granting of a new trial, we presume the court omitted to give any reason or reasons therefor. However, if the motion for new trial contains any sufficient reason or reasons shown by the record for the granting of a new trial, the appellate court…