Zenith Gold & Silver Mining Co. v. Irvine
Zenith Gold & Silver Mining Co. v. Irvine
Opinion of the Court
Appeal by plaintiff from order denying motion for new trial. The motion was denied on the ground that the statement did not specify the particular errors upon which the plaintiff proposed to rely in support of his motion. The motion was properly overruled on the ground mentioned. If it be true that there is only one question of error that could by possibility be raised upon the record, it does not follow that the plaintiff intended “to rely” upon that. If such was his intention he could not safely conceal it, nor could he leave it open to argument or inference. But it does not appear even that “ errors of law occurring at the trial ” was designated generally in the notice of motion as the ground upon which a new trial would be claimed. It appears simply that notice of
Order affirmed.
Reference
- Full Case Name
- ZENITH GOLD AND SILVER MINING COMPANY v. WILLIAM IRVINE
- Status
- Published
- Syllabus
- Specification of Errors in Statement.—A motion for a new trial should he denied unless the statement specifies the particular errors upon which the moving party will rely in support of his motion. If there is only one question of error that could be raised on the record, this does not excuse the necessity of specifying it.