Osborn v. LeMaire
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; In the absence of a statute authorizing it, an appeal can not be taken from an order granting a new trial. 2 Fnc. PI. & Pr. 131, note 3; 14 Id. 956. Our statute authorizing suc-h an appeal provides that the notice of appeal shall contain an assent on appellant’s part that if the order be affirmed, judgment absolute may be rendered against him.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; In the absence of a statute authorizing it, an appeal can not be taken from an order granting a new trial. 2 Fnc. PI. & Pr. 131, note 3; 14 Id. 956. Our statute authorizing suc-h an appeal provides that the notice of appeal shall contain an assent on appellant’s part that if the order be affirmed, judgment absolute may be rendered against him. Kirby’s Digest, § 1188. This statute must be complied with, or the appeal is ineffectual.
1Per curiam
This is a motion to dismiss an appeal. The appeal is from an order granting a new trial after verdict by a jury. The order in question is in the following words:
“Thereafter, towit: On the 3d day of February, 1906, said motion for a new trial being heard and considered, the same was granted and a new trial ordered, to which ruling of the court in granting defendant a new trial plaintiff at the time excepted, and prayed an appeal to the Supreme Court, which appeal was accordingly granted, and plaintiff allowed ninety days in which to prepare and file a bill of exceptions.”
Kirby’s Digest, §…
2Cases cited2 opinions
- Damon v. HammondsSupreme Court of Arkansas · 1905
- Spratlin v. HallerSupreme Court of Arkansas · 1901
3Cited by7 opinions
- McPherson v. Consolidated Casualty Co.Supreme Court of Arkansas · 1912
- Bush v. BarksdaleSupreme Court of Arkansas · 1916
- Pearce v. People's Savings Bank & Trust Co.Supreme Court of Arkansas · 1922
- Furst and Thomas v. RowlandSupreme Court of Arkansas · 1934
- Matyski v. BuczkowskiSupreme Court of Arkansas · 1922
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