Runner v. Woitke

WICKERSHAM, District Judge.

On May 5th defendants filed in this case a “notice of motion for a new trial,” addressed to plaintiff’s attorneys, which, omitting the title of the court, cause, and attorneys addressed, is as follows:

“You will please take notice that the defendant Fred E. Woitke, intends to move the court to vacate and set aside the decision of the court rendered in the above cause, and to grant a new trial of said cause, upon the following grounds, to wit: (1) Newly discovered evidence material to the defendant, which he could not with reasonable diligence have discovered and…