Southwestern Freight Lines, Ltd. v. Shafer

Ordinarily, we do not write opinions on motions of this nature, but in view of the fact that it involves the construction of several sections of the new rules of civil procedure, we think it best for the guidance of the bar and trial courts in the future that we depart from our usual custom. The facts necessary to a determination of the motion are as follows.

The case came on regularly to be heard before the court sitting with a jury on October 24,1940. On October 26 the jury returned a verdict in open court in favor of plaintiff and against defendants, in the amount of $5,000. When the clerk…