Laird v. Ashley
Supreme Court of Iowa
Appeal from the Pollc District Court. At tbe March term, 1855, of tbe Polk District Court, tbe plaintiff recovered a judgment against tbe defendant, for tbe .sum of one hundred and twenty-five dollars. At a special term, held in May afterwards, tbe defendant filed a motion in arrest' of judgment, and for a new trial, because of tbe alleged erroneous rulings of tbe court, and because tbe verdict was against law and evidence.
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Appeal from the Pollc District Court. At tbe March term, 1855, of tbe Polk District Court, tbe plaintiff recovered a judgment against tbe defendant, for tbe .sum of one hundred and twenty-five dollars. At a special term, held in May afterwards, tbe defendant filed a motion in arrest' of judgment, and for a new trial, because of tbe alleged erroneous rulings of tbe court, and because tbe verdict was against law and evidence. The bill of exceptions shows, that plaintiffs objected to tbe filing of this motion, which was overruled, for tbe reason, that the court bad told counsel for defendant, at…
1Opinion of the CourtWright, C. J.
Tbe Code provides, that motions fora new'trial, or in arrest of judgment, must be made within a reasonable time, and at tbe term of tbe court at .wbicb tbe trial takes'place, section 1808. Under this section, it is clear that this motion was too late, unless tbe leave, alleged to bave been given counsel at tbe previous time, extended tbe time, and gave tbe right to be heard at tbe special term. Had tbe motion been made at tbe term at wbieb tbe trial took place, it might regularly bave been continued to tbe next term, for argument and decision. So, also, if it appeared that tbe opposite party…
2Cited by1 opinion
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