Ford v. Thompson
Ford v. Thompson
Opinion of the Court
Baldwin, J. and Cope, J. concurring.
This cause was tried in the District Court in March last, and a verdict rendered for the defendant. In July following, an order was made granting a new trial, and from the order the defendant appealed to this Court. Pending the appeal, the Court below proceeded, against the objection of the defendant, and tried the cause a second time; and its action in this respect constitutes one of the grounds upon which a reversal of-the judgment rendered upon the last trial is sought.
We think the ground mentioned sufficient. The appeal taken from the order granting the new trial was perfected by an undertaking for damages and costs under the three hundred and forty-eighth section of the Practice Act. The verdict having been in favor of the appellant, no other undertaking was required to obtain a stay of proceedings pending the appeal. (See sec. 356.) It was error in the Court below to proceed with a second trial until that appeal was determined in this Court. The judgment must therefore be reversed, and the cause remanded.
Ordered accordingly.
Reference
- Full Case Name
- FORD v. THOMPSON
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Where, in an action for personal property with damages for its detention, the verdict was for defendant, and subsequently the Court below made an order granting a new trial, from which order defendant appealed to the Supreme Court, giving an undertaking for damages and costs under the three hundred and forty-eighth section of the Practice Act, and then the Court below, against the objection of defendant, proceeded to try the- cause a second time, when plaintiff had verdict and judgment: Held, that the judgment must be reversed, because the Court below could not proceed with a second trial until the appeal from the order was determined. On appeal from an order granting a new trial in such case, the verdict being in favor of the defendant and appellant, an undertaking for damages and costs, according to section three hundred and forty-eight of the Practice Act, is sufficient to stay proceedings pending the appeal.