Christman v. Chess, Wymond & Co.
Court of Appeals of Kentucky
Case 35-dPETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. A new trial granted by the court upon its own motion after the expiration of three days from the rendition of the verdict, when no motion or grounds for a new trial had been filed, was void,, and the order entered pursuant thereto was void; the appellant having moved to- vacate the void order, and his motion having been denied, the court of appeals will have jurisdiction of the appeal…
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Case 35-dPETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. A new trial granted by the court upon its own motion after the expiration of three days from the rendition of the verdict, when no motion or grounds for a new trial had been filed, was void,, and the order entered pursuant thereto was void; the appellant having moved to- vacate the void order, and his motion having been denied, the court of appeals will have jurisdiction of the appeal from that void order. Louisville Rock & Lime Co. v. Kerr, 78 Ky., 14. 1. An order granting a new trial is not final and…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
This is an action to recover damages for personal injury. On January 8, 1896, the case was tried and the jiiry rendered & verdict of $1,000 for the plaintiff, Christman. The defendant immediately, on the rendition of the verdict, moved the court for a judgment notwithstanding the verdict. No motion *232was made or grounds for a new trial filed in tlie case. Tbe court took time on the defendant’s motion and on the 8th of February, during the term of court at which the case was [tried, overruled the defendant’s motion, and on its own motion granted a…
2Cases cited1 opinion
- Louisville Rock & Lime Co. v. KerrCourt of Appeals of Kentucky · 1879
3Cited by8 opinions
- Wilson v. RussellKentucky Supreme Court · 2005
- Rose v. EdmondsCourt of Appeals of Kentucky (pre-1976) · 1937
- Steinke v. North Vernon Lumber Co.Court of Appeals of Kentucky · 1921
- Green River Fuel Co. v. SuttonCourt of Appeals of Kentucky (pre-1976) · 1935
- Kentucky Heating Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1917
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