Hyer

The action is one upon a promissory note executed by defendant to the assignor of plaintiff. The lat ter is shown by the record to be an attorney at law and appearing in the action in propria persona. The note was admitted in evidence together with evidence tending to show that" the assignment to plaintiff was one for collection purposes only.

Upon the conclusion of the evidence offered on behalf of plaintiff a motion for a nonsuit was granted, the effect of which was to grant a judgment of dismissal as against plaintiff. The trial court, as appears from the reasons assigned for granting such motion, was of opinion that an action brought by an attorney upon a note so assigned could not be maintained. This upon the theory that the policy of the law forbids such a transaction, and courts should not grant relief where such facts are made to appear. The plaintiff did not except to the ruling of the court in granting this motion, but thereafter in due time interposed a motion for a new trial based upon newly discovered evidence material for the party making the application which he could not with reasonable diligence have discovered and produced at the trial, and supported such motion…