Applewhite v. Wayne

The appellant, Applewhite, as plaintiff, brought this action against the defendant, Wayne, to recover for money loaned, consisting of a number of items. There was a denial as to certain of the items, and a plea of payment as to the remainder. On a trial by jury, a verdict was returned in favor of the plaintiff for something less than his demand. The defendant moved for a new trial, basing her motion upon a number of the statutory grounds. These included irregularities in the proceedings which prevented the defendant from having a fair trial, misconduct on the part of the prevailing party and…