Armstead

This cause is before us upon the defendants’ appeal from an order of the trial court granting the plaintiff’s motion for a new trial on the ground of insufficiency of the evidence to sustain the verdict.

The action is based upon the alleged negligence of the defendant Fred C. Jackson, in driving an automobile in such a manner as to result in the death of A. IT. Armstead, the husband of the plaintiff. The verdict of the jury was in favor of the plaintiff, sustaining the allegations of the complaint as to the negligence of the defendant Fred C. Jackson, but rendered damages in favor of the plaintiff in the sum of only $663.40.

Upon this appeal no question is tendered, no argument is made, and the court’s attention is not called to anything in the record which would tend to show that the order of the court granting a new trial for the grounds stated is erroneous. The only question tendered for consideration upon this appeal is the alleged want of notice to the defendants of the time of hearing the plaintiff’s motion for a new trial.

The clerk’s record in this case shows the following papers: Affidavit of mailing of notice of appeal; affidavit of mailing notice that transcript be…