(DOWNLOAD) "Pomeroy v. State Board of Equalization" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Pomeroy v. State Board of Equalization
- Author : Supreme Court of Montana
- Release Date : January 04, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
COURTS, Writ of Supervisory Control, when used. NEW TRIAL, Time for filing affidavits and counteraffidavits. MOTIONS, STATUTES, Time calculated for making motions. 1. New Trial — Motion heard in time allowed. A motion for a new trial was filed by plaintiff on February 3. On February 10, defendants were granted an additional ten days to file counteraffidavits. The time for filing such affidavits expired on March 6. A motion heard on March 15, was heard within time required by statute requiring a hearing on a motion for new trial within ten days of filing of counteraffidavits, since such ten day period refers to time allowed for filing affidavits, and not to actual time of filing. Page 575 2. New Trial — Time for filing counteraffidavits, now computed. Under statute providing that where a motion for new trial is made upon affidavits, adverse party shall have ten days thereafter, or such further time not exceeding thirty days in all, as the court may allow, to serve and file counteraffidavits, time to file counteraffidavits does not begin to run until expiration of the time for filing affidavits by the moving party, the word "thereafter" referring to the time allowed for filing affidavits, and not to the actual time of their filing. 3. New Trial — New trial creature of statute. A new trial is purely the creature of statute, and the procedure to be followed in moving for a new trial is found in the statutes, and not elsewhere. 4. New Trial Court exceeded jurisdiction. Where a trial court subpoenaed a witness and took testimony on a hearing for a motion for new trial it exceeded its jurisdiction since a motion for new trial must be heard upon the minutes of the court, or upon affidavits, or upon both, but may not be heard upon evidence. 5. New Trial — When order extending time must be filed. An order extending the time for filing affidavits or counteraffidavits on hearing of a motion for new trial, in order to be effective must be made before lapse of the time theretofore granted. 6. New Trial — New trial would have been proper. Where items for which seller brought action against buyer involved issues which were distinct and separable, it would have been proper for trial court to grant a new trial as to an item not sustained by adequate proof, and deny a new trial as to an item sustained by adequate proof. 7. Courts — Supervisory Control, when issued. A writ of supervisory control will issue out of the Supreme Court to correct a patent injustice which otherwise is without adequate remedy in the Supreme Court. 8. Courts — Supervisory Control properly invoked. Where court acted under a mistake of law in granting a new trial the Supreme Court could afford relief under its supervisory powers.
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