McArdle v. McArdle
Supreme Court of Minnesota
This is an appeal by the defendant from an order of the District Court for Olmsted County, of which the following is a copy, viz: “April 23d, 1866, General Term, Olmsted County.
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This is an appeal by the defendant from an order of the District Court for Olmsted County, of which the following is a copy, viz: “April 23d, 1866, General Term, Olmsted County. A motion for a new trial was heretofore made by the defendant, to be heard at this term of the court, upon the grounds set forth in the notice of motion served upon plaintiff ; and said motion having been brought on for hearing at this term of said court for Olmsted county, and it being admitted that an appeal had been taken in this action to the Supreme Court, previous to the service of said motion, which appeal has…
1Opinion of the Court
By the Gowrt
Wilson, Cii. J.
The judgment having been entered in this action, and an appeal having been taken therefrom to this court, and duly perfected, the defendant gave notice of motion for a new trial on the ground of newly discovered evidence, &e.
The court below held that it would not hear said motion “ for want of jurisdiction to hear and determine the same.” From the order entered refusing to entertain the motion, the defendant appeals to this court. We think the court below correctly refused to hear the motion. The object of the proceedings in this court was to reverse the judgment,…
2Cited by1 opinion
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