Case and Exceptions on Appeal from Judgment and Order Denying Motion for a New Trial

Case and Exceptions on Appeal from Judgment and Order Denying Motion for a New Trial

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: January, 1895, on behalf of the plaintiff, for an order resettling the judgment " herein by inserting the words "without prejudice to another action," on the theory that it was not the intention of the court to make the judgment one " on the merits," which intention was, as I supposed, sufficiently indicated by the fact that the court struck out those words from the proposed judgment. This latter motion was based on the stenographer's minutes and the judgment-roll, together with an affidavit merely stating the facts as to the second action before Judge Bischoff, the position he had taken as to pj the effect of the judgment herein, and the further facts as to the striking out of these important words in said proposed judgment. No exposition of the merits of the case was made, and no facts were pre Rented to the court bearing in any way upon the real merits of the controversy. I argued this motion fully before Mr. Justice Barrett, and after a very full to discussion, and an inspection of the judgment-roll by him, he held that he could not conform the judgment to what was alleged to be his real intention at the time, because, as he said, he did not have any intention at that time, as to making the judgment one " on the merits," or otherwise. He said that the subject was never mooted before him, and that no one asked him to make it a judgment " on the merits," but that, on the contrary, the judgment conformed to his decision, which was simplv a dismissal of the com--q CO plaint, without costs. He further said that the judgment followed that decision and left the question of the effect of the judgment still open. I le accordingly denied the motion to resettle, but made his decision (and the more

Product details

  • Paperback | 358 pages
  • 189 x 246 x 19mm | 640g
  • United States
  • English
  • black & white illustrations
  • 1236806204
  • 9781236806208