First Nat. Bank v. Petty

Supreme Court of Louisiana March 25, 1912

First Nat. Bank v. Petty, 130 La. 441 (La. 1912)

58 So. 141; 1912 La. LEXIS 869

Sty

Opinion of the Court

PRO YO STY, J.

Judgment was rendered against the defendant on the 16th of the month, and he presented a motion for a new trial on the 18th. The court refused to allow the motion to be filed, on the grounds '•that it came too late, that it was not sworn •to, and was without merit. These would, •perhaps, have been good grounds for over.ruling the motion, but were not for refusing ■to allow the motion to be filed. The defend•ant had the absolute right to have his motion filed. C. P. arts. 558, 559.

The order denying the right to file a motion for a new trial is therefore set aside, and the case is remanded, to be proceeded with according to law. Plaintiff and appellee to pay the cost of appeal

Reference

Full Case Name: FIRST NAT. BANK OF ARCADIA v. PETTY
Cited By: 8 cases
Status: Published
Syllabus: iSyllabus by Editorial Staff.) .New Tbial (§ 153*) — Motion — Right to File. Under Code Prac. arts. 558, 559, providing that a party, aggrieved by a judgment against him, may, within three judicial days after such judgment, pray a new trial, and that one ' demanding a new trial must set forth and file the grounds of his demand, the court could not refuse to allow a motion for a new trial to be filed on the second day after judgment was rendered, because it came too late, was not sworn to, and was without merit; his right to file the motion being absolute under the statute. [Ed. Note. — For other cases, see New Trial, •Cent. Dig. §§ 283, 288; Dec. Dig. § 153.*]