Sweeney v. Great Falls & Canada Railway Co.
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Defendant’s motion for a new trial was- denied a hearing by Benton, J. Statement of facts, prepared by the judge delivering the opinion. On a trial of this case January 27, 1891, a verdict was returned in favor of plaintiff, on which a judgment on the same day was entered for plaintiff against defendent for seven thousand five hundred dollars.
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Appeal from Eighth Judicial District, Cascade County. Defendant’s motion for a new trial was- denied a hearing by Benton, J. Statement of facts, prepared by the judge delivering the opinion. On a trial of this case January 27, 1891, a verdict was returned in favor of plaintiff, on which a judgment on the same day was entered for plaintiff against defendent for seven thousand five hundred dollars. On February 2, 1891, the defendant filed and served its notice of intention to move for a new trial. On the 3d of February, 1891, the following stipulation was entered into in open court between the…
1Opinion of the CourtDe Witt, J.
It appears that the respondent made objections to the time of serving the statement on motion for a new trial, and to the hearing of the motion. The court wholly refused to hear the motion. This was not the proper practice.
In Quivey v. Gambert, 32 Cal. 309, the court says: “A party moving for a new trial is entitled to a ruling upon his motion upon the basis upon which he presents it, in order that he may have and enjoy unembarrassed his right of appeal to this court. If his notice or statement has not been served or filed within time, that is a good reason why his motion should be denied…
2Cases cited2 opinions
- Quivey v. GambertCalifornia Supreme Court · 1867
- Lucas v. Mayor & Common Council of MarysvilleCalifornia Supreme Court · 1872
3Cited by13 opinions
- Scheuer v. StateMontana Supreme Court · 1904
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- Canning v. FriedMontana Supreme Court · 1914
- Vreeland v. EdensMontana Supreme Court · 1907
- Power v. LenoirMontana Supreme Court · 1899
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