Tucker v. Hypotheek Mining & Milling Co.
Idaho Supreme Court
APPEAL from the District Court of the' First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action to recover damages for personal injuries. Judgment of nonsuit and dismissal. From an order granting a new trial, defendant appeals. The court has no jurisdiction to grant a new trial in a case of this character. The action having been dismissed on a motion for a nonsuit, a motion for a new trial was improper.
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APPEAL from the District Court of the' First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action to recover damages for personal injuries. Judgment of nonsuit and dismissal. From an order granting a new trial, defendant appeals. The court has no jurisdiction to grant a new trial in a case of this character. The action having been dismissed on a motion for a nonsuit, a motion for a new trial was improper. (People v. George. 3 Ida. 108, 27 Pac. 680; Harper v. Hildreth, 99 Cal. 265, 33 Pac. 1103; Nolle v. Harter, 6 Kan. App. 823, 49 Pac. 794; Foley v. Foley, 120 Cal. 33,…
1Opinion of the CourtMorgan, J.
This is an appeal from an order setting aside a judgment of nonsuit and dismissal and granting a new trial.
The right to a new trial is statutory. It is defined by sec. 4438, Rev. Codes, to be “a re-examination of an issue of fact in the same court after a trial and decision by a jury or court or by referees.” Sec. 4439 provides: “The former verdict *468or other decision may be vacated and a new trial granted on the application of the party aggrieved, for any of the following causes”: Then follows an enumeration of the grounds upon which application for such relief may be made.
These sections…
2Cases cited11 opinions
- Foley v. FoleyCalifornia Supreme Court · 1898
- Gregory v. GregoryCalifornia Supreme Court · 1894
- Harper v. HildrethCalifornia Supreme Court · 1893
- Abbey Land & Improvement Co. v. County of San MateoCalifornia Supreme Court · 1914
- Wagner v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
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3Cited by5 opinions
- Julien v. BarkerIdaho Supreme Court · 1954
- Carscallen v. Lakeside Highway DistrictIdaho Supreme Court · 1927
- Forsman v. HolbrookIdaho Supreme Court · 1929
- Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943
- Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943