Scott v. National Reserve Life Insurance

The opinion of the court was delivered by

Hutchison, J.:

In the. original opinion in this case only the first and third of the principal assignments of error argued by the appellant were considered, and no comment or decision was made as to the second assignment of error, perhaps because it was thought to have been eliminated by the holding that it was error not to have granted a new trial. Yet it can be more forcibly said that the error, if any, in not granting defendant a new trial would be eliminated if there was error in not sustaining the motion of defendant on which ruling the second…