Houston v. Kidwell
Court of Appeals of Kentucky
Case 45 — PETITION OKDINABY — APPEAL EROM PENDLETON CIRCUIT COURT. It was proper'to allow the additional grounds for a new trial to be filed. The objection to them is technical, and should not be.considered. The court has no power to allow additional grounds for a new trial to be filed after the expiration of the three days within which the motion for a new trial is required to be made, unless within the three days the court extends the time for filing additional grounds.
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Case 45 — PETITION OKDINABY — APPEAL EROM PENDLETON CIRCUIT COURT. It was proper'to allow the additional grounds for a new trial to be filed. The objection to them is technical, and should not be.considered. The court has no power to allow additional grounds for a new trial to be filed after the expiration of the three days within which the motion for a new trial is required to be made, unless within the three days the court extends the time for filing additional grounds. (Civil Code, sections 342, 343; White v. Crutcher, 1 Bush, 473; C. H. O. & T. P. R. R. Co. v. Barr, 6 Ky. Law Rep., 450.)
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellant having filed his grounds and moved, for a new trial within three days' after the verdict had been rendered, was permitted, after the expiration of the three days, to file additional grounds, and on an appeal to this court, the judgment below was reversed upon one of the grounds assigned after the time had expired for making the motion for a new trial.
It is now insisted in a petition for rehearing that this court could not consider the additional grounds-relied on for a reversal, the Code requiring that all the grounds shall be filed…
2Cited by8 opinions
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- City of Newport v. CommonwealthCourt of Appeals of Kentucky · 1899
- Kentucky Central Railway Co. v. SmithCourt of Appeals of Kentucky · 1892
- Kirkland v. StateSupreme Court of Florida · 1915
- Louisville N. R. Co. v. FarneyCourt of Appeals of Kentucky (pre-1976) · 1943
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