Sullivan v. City of Helena
Montana Supreme Court
Appeal from, First Judicial District, Lems and Clarke County. Defendant’s motion for a new trial was overruled by Hunt, J. There is no provision of the statute for giving or serving a notice of motion for a new trial after the expiration of ten days from the rendition of the verdict in a civil action, and it is incumbent, when the notice of motion for a new trial is prepared, that it shall designate generally the grounds upon which the motion will be made.
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Appeal from, First Judicial District, Lems and Clarke County. Defendant’s motion for a new trial was overruled by Hunt, J. There is no provision of the statute for giving or serving a notice of motion for a new trial after the expiration of ten days from the rendition of the verdict in a civil action, and it is incumbent, when the notice of motion for a new trial is prepared, that it shall designate generally the grounds upon which the motion will be made. The provisions of the statutes of the several States, and especially of Montana, prescribing that a notice of motion for a new trial shall…
1Opinion of the CourtBlake, C. J.
The respondent recovered a judgment for damages for personal injuries which he sustained by reason of an excavation in a street within the city of Helena. The motion of the appellant for a new trial was overruled, and this action of the court below must be examined.
A question of practice will be considered before we inquire into the merits of the case. The appellant filed May 21, 1890, *140a notice of its intention to move for a new trial, and the motion and statement therefor were filed June 30, 1890. Another notice was served June 25, 1890, upon the respondent, stating “that in addition to the…
2Cases cited14 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- Knight v. City of MissoulaMontana Supreme Court · 1992
- Ford v. City of Great FallsMontana Supreme Court · 1912
- Choate v. SpencerMontana Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.