Logan

The appeal is from an order granting the motion for a new trial. Appellant states that the appeal is taken “with full knowledge of the great discretion lodged in a trial judge in the matter of granting a new trial when the evidence placed before the jury is conflicting. But we desire to protest strongly against what seems to us to be the arbitrary undoing of all the labor and expense which necessarily goes into a trial by jury, in a case where no injustice was done, in which a fair and proper verdict was rendered by a jury selected and approved by both sides, in which the judge granting the new trial was not the judge who heard the testimony, and in which the testimony was not in actual conflict.”

We can readily understand the disappointment of. appellants’ counsel, we have no doubt of their sincerity of purpose, and we have been deeply impressed by their able and earnest advocacy, but in view of the revelations of the record, and under the well-established rules of judicial procedure in this state, there remains nothing for us to do but to affirm the order.

Before quoting from the record and the authorities, we may notice briefly this statement of appellant and the admitted…