Atchison, Topeka & Santa Fe Railway Co. v. Osburn

Citations

• 79 Kan. 348
• 100 P. 473
• 1909 Kan. LEXIS 191

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>New Trial—Time of Filing Motion. The plaintiff obtained a general verdict against the defendant, which was accompanied by special findings of fact. The defendant moved for judgment on the special findings, and judgment was rendered accordingly. Two days remained of the statutory time for filing a motion for a new.trial. Neither party asked for a new trial. In a proceeding in error in this court the judgment was reversed, judgment was ordered for the plaintiff on the general verdict, and a mandate was sent, to the trial court to proceed accordingly. Then the defendant filed a motion for a new trial on the usual grounds. The plaintiff moved for judgment pursuant to the mandate. The district judge censured the general verdict severely, and refused to approve it, but denied the motion for a new trial and entered judgment according to the mandate, as he said, under its compulsion. Held, the defendant has no right to a new trial.</p>