Johnson v. Whitcomb

HONORABLE L. C. GULBRANDSON, District Judge,

sitting in place of MR. JUSTICE DOYLE, delivered the Opinion of the Court.

This is an appeal from an order of the district court of Cascade County granting a new trial. The plaintiff’s motion for a new trial came after the trial judge had entered judgment on a jury verdict for defendants.

The plaintiff-respondent is Eldon C. Johnson and will be referred to as the plaintiff. The defendants-appellants are Bernice Kingsbury, plaintiff’s sister, and Stuart Whitcomb, plaintiff’s nephew and Mrs. Kingsbury’s son, and will be referred to as the defendants.

The…