Usry v. Phillips

Speer, Justice.

[A verdict was rendered for the plaintiff, and defendant moved for a new trial. He took an order “ that the de*816fendant be allowed thirty days to file a brief of evidence with the clerk of the court, and the same be heard at Warren superior court.” A brief of evidence was filed within thirty days. When the motion for new trial was called for a hearing, on motion it was dismissed on this ground, and error was alleged thereon.]