Buckle v. McConaghy
Idaho Supreme Court
APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Appeal from an order granting a new trial. The facts, so far as material, are stated in the opinion. Section 4442 of the Revised Statutes of Idaho provides that the application for a new trial shall be heard after the affidavits, bill of exceptions, or statement, as the ease may be, are filed.
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APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Appeal from an order granting a new trial. The facts, so far as material, are stated in the opinion. Section 4442 of the Revised Statutes of Idaho provides that the application for a new trial shall be heard after the affidavits, bill of exceptions, or statement, as the ease may be, are filed. A statement on a motion for a new trial can only become a part of the record by the certificate of the judge who tried the case. (Waggenheim v. Hook, 35 Cal. 216; Hyde v. Harkness, 1 Idaho, 623; Stevens v. Northwestern…
1Opinion of the CourtSullivan, J.
— This is an appeal from an order granting a new trial, which order was based on the insufficiency of the evidence to justify the verdict. It appears from the record before us that the order granting a new trial was made in open court on the fifteenth day of. May, 1905, and that the *534statement on motion for a new trial was not settled until the thirty-first day of May, 1905, and not filed until the first day of June, 1905. Counsel for the appellant contends that the court had no jurisdiction to act upon said motion until after the settlement and filing of the statement to be used on that…
2Cases cited1 opinion
- Stevens v. North-Western Stage Co.Idaho Supreme Court · 1875
3Cited by4 opinions
- Buckle v. McConaghyIdaho Supreme Court · 1906
- Palmer v. Quinn-Robbins Co., Inc.Idaho Supreme Court · 1933
- Peter v. KalezIdaho Supreme Court · 1905
- Wood v. TannerIdaho Supreme Court · 1909