Legal Opinion

Huber v. Mother Aurelia of St. Joseph's Hospital

Idaho Supreme Court

Decided April 15, 1907PublishedCited by 2 opinions

APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Cause came on for new trial or further proceedings on remittitur from supreme court. Judgment was entered in favor of plaintiffs, and defendants moved for a new trial, which motion was denied. Defendants appealed from the judgment and order. As will be seen by reference to the former decision of this court, a new trial was granted.

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APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Cause came on for new trial or further proceedings on remittitur from supreme court. Judgment was entered in favor of plaintiffs, and defendants moved for a new trial, which motion was denied. Defendants appealed from the judgment and order. As will be seen by reference to the former decision of this court, a new trial was granted. Code of Civil Procedure, section 3522, defines a new trial as “a re-examination of an issue of fact in the same court after a trial and decision by a jury…

1Opinion of the CourtAilshie, C. J.

This ease has been here once before on appeal (Huber v. St. Joseph’s Hospital, 11 Idaho, 631, 83 Pac. 769), and after considering it at some length, it was remanded with the following instructions: “The judgment is reversed and a new trial granted; or if either party does not care to introduce new testimony, the court may make findings of fact, conclusions of law and enter judgment in accordance with the views herein expressed.”

After the remittitur was received in the trial court, the defendant at the next term thereafter moved for a continuance on the grounds of the absence of the witness,…

2Cited by2 opinions

  1. Pauley v. Salmon River Lumber Co.Idaho Supreme Court · 1953
  2. Continental Casualty Co. v. GoodwinSupreme Court of Oklahoma · 1937

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