Kettner v. Snow

CROCKETT, Justice.

Plaintiffs (defendants below) seek to pro-. hibit the district court from further proceeding after it had granted a new trial based upon a motion not timely filed. 1

The defendants Watkins (plaintiffs below) commenced the original action to recover for personal injuries and property damages resulting from an automobile collision. A jury returned a verdict of no cause of action and judgment was entered thereon November 30, 1961. Our rule on new trials, 59(b), provides that “A motion for a new trial shall be served not later than 10 days after the entry of judgment.” Defendants…