State ex rel. Shreveport Cotton Oil Co. v. Blackman

Citations

• 110 La. 266
• 34 So. 438
• 1903 La. LEXIS 624

Syllabus

<p>NEW TRIAL — POWERS OP JUDGE — JUDGMENT-PROCEDURE.</p> <p>1. A new trial may, within the legal _ delays, be ordered ex proprio motw by the trial judge.</p> <p>2. But he may not eso proprio motu transform a judgment pronounced in favor of one of the parties to a judgment in favor of the other party to the cause.</p> <p>3. Nor may he, after ordering a new trial, immediately take up the case, in the absence of the party in whose favor the judgment was pronounced, or his counsel, and without notice to them, proceed to try it again and give a judgment different from the first.</p> <p>4. When a new trial is granted or ordered, the cause should again be set down on the docket, and assigned for trial and tried in due course. ,</p> <p>(Syllabus by the Court.)</p>