Reports of Cases Argued And Determined in the ..., volume 26; volume 36
Reports of Cases Argued And Determined in the ..., volume 26; volume 36
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In our eReader you can find the full English version of the book. Read Reports of Cases Argued And Determined in the ..., volume 26; volume 36 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Cases Argued And Determined in the ..., volume 26; volume 36
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Or, if we take the view that the order of events, as recorded in the transcript, is not conclusive with respect to actions which took place in a single day, and that the amendment may therefore be deemed to have been filed after the overruling of the original action, it is still urged that the court below could not make a valid order overruling it, for several reasons, viz: first, because it is not comi>etent vo file an amendment to a motion which is no longer pending. Secondly, there is no aut...hority for filing within term, a second motion for a new trial, however styled, after a first motion has been disposed of. Thirdly, the ruling, on the first motion, especially when coupled, as it was, with the entry of judgment on the verdict, as required by the present statute, renders the asserted right to a new trial res judicata, and hence a bar to entertaining a subsequent motion in the same behalf.
And if the court, in the exercise of its proper control over its own orders and judgments during term, might have vacated its first order overruling the motion for a new trial and also the judgment that was entered thereon, in order that it might en- tertain a second motion to the same end, it is argued that no such procedure was observed in this case, and the judgment that was first rendered therein still stands, despite the fact that no judgment could lawfully be entered by the clerk until after the motion for new trial, if any, was finally overruled.
What to read after Reports of Cases Argued And Determined in the ..., volume 26; volume 36?
You can find similar books in the "Read Also" column, or choose other free books by William John Tossell to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Or, if we take the view that the order of events, as recorded in the transcript, is not conclusive with respect to actions which took place in a single day, and that the amendment may therefore be deemed to have been filed after the overruling of the original action, it is still urged that the court below could not make a valid order overruling it, for several reasons, viz: first, because it is not comi>etent vo file an amendment to a motion which is no longer pending. Secondly, there is no aut...hority for filing within term, a second motion for a new trial, however styled, after a first motion has been disposed of. Thirdly, the ruling, on the first motion, especially when coupled, as it was, with the entry of judgment on the verdict, as required by the present statute, renders the asserted right to a new trial res judicata, and hence a bar to entertaining a subsequent motion in the same behalf.
And if the court, in the exercise of its proper control over its own orders and judgments during term, might have vacated its first order overruling the motion for a new trial and also the judgment that was entered thereon, in order that it might en- tertain a second motion to the same end, it is argued that no such procedure was observed in this case, and the judgment that was first rendered therein still stands, despite the fact that no judgment could lawfully be entered by the clerk until after the motion for new trial, if any, was finally overruled.
What to read after Reports of Cases Argued And Determined in the ..., volume 26; volume 36?
You can find similar books in the "Read Also" column, or choose other free books by William John Tossell to read onlineMoreLess
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