Buckle v. McConaghy
Idaho Supreme Court
APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Appeal from an order granting a new trial. The facts, so far as material, are stated in the opinion. Section 4442 of the Revised Statutes of Idaho provides that the application for a new trial shall be heard after the affidavits, bill of exceptions, or statement, as the ease may be, are filed.
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APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Appeal from an order granting a new trial. The facts, so far as material, are stated in the opinion. Section 4442 of the Revised Statutes of Idaho provides that the application for a new trial shall be heard after the affidavits, bill of exceptions, or statement, as the ease may be, are filed. A statement on a motion for a new trial can only become a part of the record by the certificate of the judge who tried the case. (Waggenheim v. Hook, 35 Cal. 216; Hyde v. Harkness, 1 Idaho, 623; Stevens v. Northwestern…
1Opinion
ON PETITION POE REHEARING.
AILSHIE, J.
— Respondent has filed a petition for rehearing in which it is insisted that previous to the submission and determination of the motion for a new trial, the appellant’s counsel joined with counsel for respondent in a stipulation which amounts to a waiver of any error committed by the court in prematurely passing on the motion. This stipulation is as follows: “It is hereby stipulated and agreed that the motion of the defendant for a new trial herein be submitted to the court without argument, and without further notice to each party. And it is further…
2Cases cited1 opinion
- Crosby v. North Bonanza Silver Mining Co.Nevada Supreme Court · 1895