City of Manning v. German Ins.

Citations

• 107 F. 52
• 46 C.C.A. 144
• 1901 U.S. App. LEXIS 3672

Syllabus

<p>1» Order Granting or Refusing New Trial within Jurisdiction of Court not Reviewable.</p> <p>An order granting or refusing a new trial, which the court has the jurisdiction to make, is discretionary with the trial court, and cannot be reviewed by appeal or writ of error in the federal courts.</p> <p>2. The Question of the Power to Make Order for New Trial Reyiew- ' -ABLE.</p> <p>But the question whether or not the trial court has the Jurisdiction to make an order granting or refusing a new trial is reviewable in the federal courts by an appeal or writ of error challenging such order.</p> <p>3, Order for New Trial — Remedy for Incapacity of Judge to Sign Bill</p> <p>of Exceptions.</p> <p>An order for a new trial, when the application for it is made in due time, is the proper remedy for the incapacity of the judge who tried the case to settle and sign the bill of exceptions.</p> <p>4. Courts without Power to Vacate or Modify Their Judgments after the Term.</p> <p>Judgments at law cannot he vacated or substantially modified by the courts which rendered them subsequent to the expiration of the terms at which they were entered, in the absence of motions or proceedings for that purpose during such terms; and the only exceptions to this rule are that clerical mistakes, and such mistakes of fact not put in issue or passed upon as may be corrected by writ of error corara vobis, or by motion in lieu of that writ, and mistakes in the dismissal of a cause, may he corrected after the expiration of the terms.</p> <p>5. Power and Practice of Federal Courts in Settling Bills of Exceptions and Granting Motions for New Trial Independent of State Statutes and Practice.</p> <p>Section 914 of the federal statutes was not intended to and did not conform the power or the practice of the federal courts to those of the state courts in matters relating to hills of exceptions, motions for new trials, and methods of review of their judgments.</p> <p>(Syllabus by the Court.)</p>