Truitner

Motion to dismiss appeal. The facts out of which the proceeding arises show that plaintiff, a minor of the age of twelve years, brought an action to recover damages against defendants for injuries suffered by her in an automobile accident.

The case came on regularly for trial before a jury. Plaintiff recovered a verdict in the sum of one thousand dollars. Thereafter defendant Truitner filed a certain notice in writing upon plaintiff which was expressly denominated in its heading as being “Notice of Intention to Move for New Trial.” The notice reads as follows: “You and each of you will please take notice that the defendant Clifford Truitner intends to move the court in the above entitled action on the following grounds, to wit: 1—Irregularity in the proceedings of the court, jury and adverse parties, by which defendant was prevented from having a fair trial. 2—Misconduct of the jury. 3—Accident and surprise which ordinary prudence could mot have guarded against. 4— Newly discovered evidence, etc. 5—Excessive damages appearing to have been given under the influence of passion and prejudice. 6—Insufficiency of the evidence . . . 7—Errors in law ...”

The notice further recited that…