228 N.W. 336
No. 27,576.Supreme Court of Minnesota.
December 20, 1929.
Denial of new trial because of new evidence — Upson case followed. [Reporter]
Action for slander in the district court for Rice county, the charge being that the plaintiff was the father of an illegitimate child born to the defendant Martha Jirik. There was a verdict for defendants, and plaintiff appealed from an order, Senn, J. denying his motion for a new trial. Affirmed.
Moonan Moonan, for appellant.
Thomas H. Quinn, for respondents.
PER CURIAM.
Plaintiff appeals from an order denying his motion for a new trial.
The only error assigned is that the court erred in denying a new trial on the ground of newly discovered evidence. On that point the case is ruled by the decision in State v. Upson, 162 Minn. 9, 201 N.W. 913. There was no abuse of discretion, and the order appealed from is affirmed.