Walker v. Moser
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This action was brought to recover the damages alleged to have been sustained by Emma Walker, widow of Charles Walker, deceased, and by Irene Walker, their infant daughter, by the death of said Charles Walker, alleged to have been killed at Ashland, Neb., February 7, 1900, by being thrown from a buggy drawn by horses driven by himself; the misadventure being caused by his intoxication from…
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In Error to the Circuit Court of the United States for the District of Nebraska. This action was brought to recover the damages alleged to have been sustained by Emma Walker, widow of Charles Walker, deceased, and by Irene Walker, their infant daughter, by the death of said Charles Walker, alleged to have been killed at Ashland, Neb., February 7, 1900, by being thrown from a buggy drawn by horses driven by himself; the misadventure being caused by his intoxication from liquor just previously given and furnished him by defendant John Moser in that defendant’s saloon in said Ashland. The action…
1Opinion of the CourtLochren, District Judge
That an order granting or refusing a new trial rests in the discretion of the trial court, and is not reviewable, has been the uniform holding of the federal courts. It is needless to cite authorities, but many will be found in 1 Desty, Fed. Proc. (9th Ed.) 661.
The argument that the decision of the motion for new trial came too late, because made after the term had ended at which the verdict was rendered, is not sound. A cause, and the parties to it, are before the court until the end of the term at which the final judgment of the court is entered; and the jurisdiction of the court over the…
2Cases cited3 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Goddard v. OrdwaySupreme Court of the United States · 1880
- Goddard v. OrdwaySupreme Court of the United States · 1877
3Cited by10 opinions
- Miller v. AderholdSupreme Court of the United States · 1933
- Pratt v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Payne v. GarthCourt of Appeals for the Eighth Circuit · 1922
- Chicago, M. & St. P. Ry. Co. v. LeverentzCourt of Appeals for the Eighth Circuit · 1927
- Rachmil v. United StatesCourt of Appeals for the Second Circuit · 1923
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