Buckle v. McConaghy

Citations

• 11 Idaho 533
• 83 P. 525
• 1905 Ida. LEXIS 79

Syllabus

<p>New Trial — Order — Prematurely Made — Statement on — Settled and Piled. — Mandatory.</p> <p>1. An order granting a new trial made before the statement on which the motion is based is settled and filed is prematurely made and must be set aside.</p> <p>2. The provisions of section 4442 of the Revised Statutes contemplate that a motion for a new trial shall not be passed upon before the statement of the case upon which such motion is based is settled and filed.</p> <p>3. The provisions of that section in that regard are mandatory.</p> <p>(Syllabus by the court.)</p>