Devine v. Goggin

Ward, J. †

This is an appeal from an order of the trial court granting to the plaintiff a new trial after the return of a verdict by the jury in favor of the defendant.

The six assignments of error made by the defendant require determination of three questions. (1) May a trial court as a matter of law permit a late filing of the motion for new trial? (2) May a trial court as a matter of law, long after the time for filing a motion for new trial has expired, permit a party to amend the motion for new trial by adding additional grounds to the motion? (3) If (1) and (2) be answered affirmatively,…