Froman v. Patterson
Montana Supreme Court
Appeal from, Fifth Judicial District, Beaverhead County. The defendant had judgment below. Plaintiff’s motion for a new trial was granted by Hunt, J. The statement on motion for new trial contains no specification of particulars in which the judgment or findings of the court is not sustained by the evidence, nor any assignment of errors of law committed upon the trial of the cause.
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Appeal from, Fifth Judicial District, Beaverhead County. The defendant had judgment below. Plaintiff’s motion for a new trial was granted by Hunt, J. The statement on motion for new trial contains no specification of particulars in which the judgment or findings of the court is not sustained by the evidence, nor any assignment of errors of law committed upon the trial of the cause. Our statute, section 298, subdivision 3, page 137, provides, that when the notice of motion for new trial designates, as the ground of the motion, “errors in law occurring at the trial, and excepted to by the…
1Opinion of the CourtHarwood, J.
The appeal herein is from an order of the trial court granting a motion for new trial, on the application of plaintiff.
The first objection urged by appellant is, that the statement of the case is insufficient, and for that reason the court was not authorized to vacate the former decision and grant a new trial. The record shows that upon the trial of the cause, the plaintiff introduced on his behalf, the evidence on which he relied to maintain his case, and all the evidence he offered was received without objection, or exception, so far as the record discloses. "When the plaintiff rested in…
2Cases cited2 opinions
- Brumagim v. BradshawCalifornia Supreme Court · 1870
- Martin v. MatfieldCalifornia Supreme Court · 1874
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