State Investment Co. v. Pacific Employers Insurance

The opinion of the court was delivered by

Fatzer, J.:

The question presented is whether a district court, having previously denied plaintiffs motion for a new trial following the entry of judgment for the defendant in a prior term of court, may subsequently, but within the same term in which it entered its order overruling the motion for a new trial, vacate and set aside that order and grant a new trial without notice to the parties affording them an opportunity to appear and be heard.

In view of the conclusions hereafter announced, the question is answered in the affirmative.

State Investment…