Johnson & Johnson v. First National Bank

David Newbern, Judge.

The circuit judge granted a new trial on the ground that a jury verdict for the defendants-appellants was rendered after the case had been removed to a federal court. We hold that it was at the urging of and in response to a motion by the appellees that the action of which they complained in a “mistrial” motion, occurred. The appellees were thus estopped from contending the trial judge erred. The ground for new trial asserted by the judge thus fails, and a new trial should not have been granted.

A second issue arises from appellees’ contention on cross appeal that the…