Tagert v. Baker
Mississippi Supreme Court
Error to the Circuit Court of Jackson County. Hon. J. S. Hamm, Judge. The error assigned is the action of the court below in setting aside the third successive verdict for the plaintiff in error, and granting to the defendant in error a third new trial. The plaintiff in error excepted, brought up the case, and asks this court to reverse the order granting the third new trial, and to order the court below to enter judgment nunc pro tunc on the last verdict.
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Error to the Circuit Court of Jackson County. Hon. J. S. Hamm, Judge. The error assigned is the action of the court below in setting aside the third successive verdict for the plaintiff in error, and granting to the defendant in error a third new trial. The plaintiff in error excepted, brought up the case, and asks this court to reverse the order granting the third new trial, and to order the court below to enter judgment nunc pro tunc on the last verdict. Granting to a party more than two new trials is prohibited by the statute. Code 1871, § 647; Bay v. Me Gary, 26 Miss. 404; Bowers v. Boss,…
1Opinion of the CourtChalmers, J.
The court below set aside the third concurring verdict rendered for the plaintiff in error, and granted the defendant a fourth trial. From that order the plaintiff sued out this writ of error, and assigns as the sole ground of error the alleged usurpation of power on the part of the court in violating, as is claimed, that clause of the statute which provides that “ no more than two new trials shall be granted to either party in the same cause.” Code 1871, § 647. It is insisted on behalf of the defendant that the writ of error is premature, because none lies to an order granting a new trial,…
2Cases cited2 opinions
- Bowers v. RossMississippi Supreme Court · 1877
- Ray v. McCaryMississippi Supreme Court · 1853
3Cited by3 opinions
- Newton v. Homochitto Lumber Co.Mississippi Supreme Court · 1932
- Finance America Private Brands, Inc. v. DurbinMississippi Supreme Court · 1979
- Parham v. StithMississippi Supreme Court · 1883