City of Manning v. German Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. The writ of error in this case challenges an order granting a new. trial of an action brought by the German Insurance Company, the defendant in error, hereinafter called the “plaintiff,” against the city of Manning, the plaintiff in error, hereinafter called the “defendant,” in which a judgment was rendered in favor of the defendant on August 8, 1899, during the May term of the court below.
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In Error to the Circuit Court of the United States for the Southern District of Iowa. The writ of error in this case challenges an order granting a new. trial of an action brought by the German Insurance Company, the defendant in error, hereinafter called the “plaintiff,” against the city of Manning, the plaintiff in error, hereinafter called the “defendant,” in which a judgment was rendered in favor of the defendant on August 8, 1899, during the May term of the court below. The May term of that court expired on November 20, 1899, and during that term no motion, or notice of motion, or…
1Opinion of the CourtSanborn, Circuit Judge
An order granting a new trial in an action sets aside and renders void any former judgment therein. Rev. St. § 987. An order granting or refusing a new trial, which the court has the jurisdiction or power to make, is discretionary, and cannot be reviewed by writ of error or appeal in the federal courts. Railroad Co. v. Howard, 4 U. S. App. 202, 1 C. C. A. 229, 49 Fed. 206; McClellan v. Pyeatt, 4 U. S. App. 319,1 C. C. A. 613, 50 Fed. 686; Village of Alexandria v. Stabler, 4 U. S. App. 324, 1 C. C. A. 616, 50 Fed. 689; Mining Co. v. Fullerton, 19 U. S. App. 190, 7 C. C. A. 340, 58 Fed. 521;…
2Cases cited30 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Bronson v. SchultenSupreme Court of the United States · 1882
- The PalmyraSupreme Court of the United States · 1827
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Craig v. LeslieSupreme Court of the United States · 1818
25 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Kanatser v. Chrysler Corp.Court of Appeals for the Tenth Circuit · 1953
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Johnson Tsai v. Anne C. Rosenthal and Mound Motors, Inc., Anne C. Rosenthal v. Johnson Tsai and Mound Motors, Inc.Court of Appeals for the Eighth Circuit · 1961
- Francisco v. Chicago & A. R.Court of Appeals for the Eighth Circuit · 1906
- Brown v. ArnoldCourt of Appeals for the Eighth Circuit · 1904
37 more not listed; retrieve them via the Exa API.