Zimmerman v. Kitzan

This is an appeal by the defendants from an order for a new trial in an equitable action in which the jury had returned a verdict favorable to the defendants. The record presented on this appeal is quite meager. It does not contain the pleading’s, the court’s instructions to the jury, or the verdict. It does not show what issues were involved or the subject matter of the action; but in a memorandum decision on plaintiffs’ motion for a new trial the court states that a jury was impaneled to try the case and that the jury returned an advisory verdict. On the oral argument it was admitted by…