Harper v. Mayes

Hawkins, Justice.

In an equitable suit filed against Elmer Wayne Harper on August 5, 1949, a verdict was rendered. against him on June 6, 1951, and a judgment and decree entered therein on June 7, 1951. Harper presented the present proceeding as an extraordinary motion for new trial, upon which a rule nisi issued, and it was filed on April 17, 1953, based upon the grounds: (1) that “the verdict is contrary to the truth and is without evidence to support it,” movant contending that the evidence as shown by the brief thereof attached to the motion as Exhibit AA was “false, fraudulent and…