76 P. 707 | Utah | 1904
The plaintiff brought this action to recover $65, which he alleged he loaned to the defendant on December 15, 1901, at Richfield, Utah. The defendant filed an answer denying the allegations of the complaint, and upon the trial judgment was entered in favor of the plaintiff. Thereafter the defendant presented a motion for a new trial, upon the grounds of accident or surprise which ordinary prudence could not have guarded against; newly discovered evidence; and insufficiency of the evidence to justify the decision of the court. At the hearing of this motion the court ordered a new trial, and, upon application therefor, granted the defendant permission to file an amended answer, in which, in addition to denying the allegations of the complaint, it was averred that the claim upon which the suit was based was the result of a gambling
The judgment herein must be affirmed with costs. It is so ordered.