Buckle v. McConaghy
Idaho Supreme Court
Judgment for plaintiff. Defendant moved for a new trial and his motion was granted. Plaintiff appealed from the order granting a new trial. The district judge should at least have made some inquiry or given some notice to appellant’s attorney of the fact that he was considering a second motion for a new trial in the cause.
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Judgment for plaintiff. Defendant moved for a new trial and his motion was granted. Plaintiff appealed from the order granting a new trial. The district judge should at least have made some inquiry or given some notice to appellant’s attorney of the fact that he was considering a second motion for a new trial in the cause. The adverse party is entitled to notice of the time and place of the hearing for a new trial, and to be present at the hearing and present his side of the case. (Peter v. Kalez, 11 Idaho, 553, 83 Pae. 526; 37 Century Digest, “New Trial,” sec. 314, and cases cited.) The…
1Opinion of the CourtAilshie, J.
This case has been here once before on appeal (83 Pac. 525) and was reversed on the grounds that a new trial had been granted prior to the settlement and allotvanee of the statement that was used on such motion. After the remittitur went down the trial judge took up the motion for a new trial and granted the same, and the plaintiff has again appealed from the order. As will be seen from an examination of the former opinion of this court, the respective counsel had entered into a stipulation prior to settlement of the statement, whereby they each waived notice of the time and place of…
2Cases cited7 opinions
- Jacksha v. GilbertIdaho Supreme Court · 1896
- Brossard v. MorganIdaho Supreme Court · 1899
- Powell v. Springston Lumber Co.Idaho Supreme Court · 1906
- Ollis v. OrrIdaho Supreme Court · 1899
- Buckle v. McConaghyIdaho Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- O'DELL v. BasabeIdaho Supreme Court · 1991
- Rosenberg v. ToetlyIdaho Supreme Court · 1969
- Deshazer v. TompkinsIdaho Supreme Court · 1969
- Say v. HodginIdaho Supreme Court · 1911
- Wolfe v. RidleyIdaho Supreme Court · 1909
14 more not listed; retrieve them via the Exa API.