Chase v. Alaska F. & L. Co.
District Court, D. Alaska
This action was tried before a jury on February 13, 1903, and the jury returned a verdict for plaintiff in the sum of $1,773. Thereafter, and within the time provided by law, on February 16, 1903, the defendant filed its motion for a new trial in words and figures as follows, omitting the caption, to wit: “Comes now the above-named defendant, and moves the court to set aside the verdict heretofore on the 12th day of February, 1903. rendered in the above-entitled cause, and…
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This action was tried before a jury on February 13, 1903, and the jury returned a verdict for plaintiff in the sum of $1,773. Thereafter, and within the time provided by law, on February 16, 1903, the defendant filed its motion for a new trial in words and figures as follows, omitting the caption, to wit: “Comes now the above-named defendant, and moves the court to set aside the verdict heretofore on the 12th day of February, 1903. rendered in the above-entitled cause, and grant the defendant a new trial, for the following reasons: “(1) The complaint in the above-entitled cause does not state…
1Opinion of the Court
BROWN, District Judge.
It may be well first to address our attention for a few moments to the character of the motion *84itself. The pleader in this case, as in so many others in this' court, has contented himself with reciting the statutory grounds for motion for a new trial, without setting out any specific cause or ground therefor whatsoever. I have frequently decided that a motion for new trial in the language of the statute, making no specification of the actual and particular grounds relied upon, is of no avail, and does not direct the attention of the court to any error; much less does it…
2Cases cited14 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Stark v. BarrettCalifornia Supreme Court · 1860
- People v. KingCalifornia Supreme Court · 1865
- Hutton v. ReedCalifornia Supreme Court · 1864
- Chamberlin v. MorganSupreme Court of Pennsylvania · 1871
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