Legal Opinion

Newby v. City of St. Anthony

Idaho Supreme Court

Decided May 2, 1930No. 5417PublishedCited by 2 opinions

1Opinion of the CourtVarian, J.

Appeal from order granting motion for a new trial. Appellant contends that the notice of motion for a new trial was so defective in form and deficient as to its contents that it could not confer jurisdiction on the trial court, and that, if it did confer jurisdiction, there was nothing before the trial court upon which it could grant the motion; in other words, that the notice of motion fails to state sufficient grounds for relief, and that the motion for a new trial was not served upon appellant.

The statute (C. S., sec. 6890) requires the party moving for a new trial to “file with the clerk…

2Cases cited9 opinions

  1. Town of Fairburn v. BrantleySupreme Court of Georgia · 1925
  2. Naylor v. Lewiston & Southeastern Electric Railway Co.Idaho Supreme Court · 1908
  3. MacMahon v. HuddOregon Supreme Court · 1912
  4. Swallow v. First State BankNorth Dakota Supreme Court · 1914
  5. Estate of SkinnerIdaho Supreme Court · 1929

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Barker v. McKellarIdaho Supreme Court · 1930
  2. Davis v. RogersIdaho Supreme Court · 1951

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