Benz v. Miller

The opinion of the court was delivered by

Case, J.

There have been two trials. In the first the judge sat without a jury and found for the plaintiff. The defendants applied for and Were granted a new trial. The second trial was had before a jury which returned a verdict of no cause of action. Thereupon the plaintiff obtained a rule to show cause why a new trial should not be granted, and on the return of the rule the application was granted. Defendants appeal and argue two points: First, that the action of the trial court in granting a new trial is appealable when such action constituted an…