Hoskins v. Hight

-This appeal is taken from tbe rulings of tbe lower court in granting to defendant a new trial. Demurrers being sustained to several grounds of tbe motion for a new trial, only tbe second ground of said motion remained, and it was upon tbis ground tbe court granted tbe new trial. Tbe defendant was, therefore, granted a new trial, because “be was prevented from making bis defense thereto by accident or mistake, and without fault on bis part.” The only evidence contained in tbe record is that introduced on tbe motion for a new trial; and tbis evidence consisted of affidavits of tbe defendant,…