Shepherd v. Brenton
Supreme Court of Iowa
Ajypeal from Dallas District Court. Crim. con. Verdict for plaintiff, $1,200. Motion for a new trial sustained, and plaintiff appeals. I. The record in this cause shows that one motion for a new trial had been made and disposed of by the Court, and no second motion can in sucb case be made. Powers v. Bridges, 1 G. Greene, 235. II.
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Ajypeal from Dallas District Court. Crim. con. Verdict for plaintiff, $1,200. Motion for a new trial sustained, and plaintiff appeals. I. The record in this cause shows that one motion for a new trial had been made and disposed of by the Court, and no second motion can in sucb case be made. Powers v. Bridges, 1 G. Greene, 235. II. No sufficient ground for a motion for a new trial after the close of the term is shown, and the record shows that the motion was not made at the term. Rev., 1860, §§ 3112-3115; Barrett v. Hillman, MS. (Ky.), 1856; Kentucky Code, §§ 369-373. III. The right to a new…
1Opinion of the CourtWright, J.
I. It is first claimed, that one motion for a new trial was made and overruled at the term at which the verdict was rendered, and that the Court had no power to entertain a second motion of the same character, and especially so after the adjournment of said term.
Upon this subject the record is not without conflict, but we think the reasonable construction to be put upon it is this: The verdict was returned as the Court was about to adjourn, the last day of the September Term, 1861. -Defendant’s counsel (according to the record) filed at once a motion in arrest and for a new trial. A judgment…
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