Bergman v. West

McDONALD, Chief Justice.

Appellant as plaintiff obtained a judgment on the verdict of a jury in the Trial Court. Appellee (defendant) filed a Motion for a New Trial. The Trial Court refused to hear said motion, taking the position that it came too late and had been overruled by operation of law. Appellee excepted to the Court’s ruling and gave notice of appeal on the same day, and on the following day filed and had approved his appeal bond, thus perfecting his appeal. Ten days thereafter, but still within the term of court, the Trial Judge concluded that appellee’s Motion for New Trial was not…