Kerr v. Clampitt
Supreme Court of the United States
Error to tbe Supreme, Court of the Territory of Utah. The record in this case shows that several issues of fact regularly'made up were tried by a jury in the third judicial district court of the Territory of Utah, that a verdict was returned in-favor of the defendants in error for $8,588, and a judgment rendered thereon, Nov. 11, 1874 j but it does not show that any exceptions were taken to the rulings of the court, eithér admití;' ting or rejecting evidence, or to…
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Error to tbe Supreme, Court of the Territory of Utah. The record in this case shows that several issues of fact regularly'made up were tried by a jury in the third judicial district court of the Territory of Utah, that a verdict was returned in-favor of the defendants in error for $8,588, and a judgment rendered thereon, Nov. 11, 1874 j but it does not show that any exceptions were taken to the rulings of the court, eithér admití;' ting or rejecting evidence, or to instructions given or to those refused, nor does it contain'any thing purporting to be, a-bill of exceptions. • ■ It shows,…
1Opinion of the CourtJustice Field
By the system of procedure in civil cases adopted in Utah, an appeal lies to its Supreme Court from an order of its District Courts granting or refusing a new trial, as well as from a final judgment. The' statute enumerates the grounds upon which the verdict of a jury, or the finding of a court or a referee, may be set aside, and a new trial had upon the application of the party’ aggrieved, and provides the mode in which such grounds shall ,be presented to the court. If the new trial be asked for irregularity in the proceedings of the court, jury, or adverse party, or for abuse of discretion…
2Cases cited2 opinions
- Casgrave v. Howland.California Supreme Court · 1864
- Sparrow v. StrongSupreme Court of the United States · 1867
3Cited by22 opinions
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- Head v. HargraveSupreme Court of the United States · 1882
- Kennon v. GilmerSupreme Court of the United States · 1889
- Holmgren v. United StatesSupreme Court of the United States · 1910
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
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