Duncan v. Rider

The opinion of the court was delivered by

Hutchison, J.:

But one question is involved in this appeal and that is, as stated by" the appellant: Does the district court in the trial of a case appealed from a court of a justice of the peace have jurisdiction to hear and determine a motion for a new trial more than five' days after the rendition of the verdict in the district court?

The justice code provides:

“The justice before whom a cause has been tried, on motion of the party aggrieved, at any time within five days after the decision or verdict, shall vacate the decision or verdict and grant a…