Prudential Insurance v. DeBord

The only error assigned by appellant herein is the alleged error of the lower eonrt in overruling appellant’s motion for a new trial. The motion for a new trial is based solely upon the fact, as contended by appellant, that the court misled appellant and appellant’s counsel as to when this cause would be tried. In support of the motion and as a part of the same, were filed the affidavits of counsel for appellant and the affidavit of appellant’s agent, William T. Jones, stating therein the following facts and circumstances, viz.: That, on the-day of January, 1896, the cause was set for trial…