Bowers v. M'Nutt
This text of 5 Blackf. 231 (Bowers v. M'Nutt) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A JUSTICE of the peace rendered judgment again'st a defendant on the 30th of June, 1838. Two days afterwards, he granted the defendant a new trial unconditionally upon good cause shown. On the 21st of August, 1838, the day fixed for the new trial,, the justice set aside the order for a new trial, and affirmed his previous judgment..
Held, that by the granting of the new trial, the original judgment was set aside; that the subsequent judgment of affirmance on the 21st of August, 1838, must be viewed as a judgment of that date in favour of the plaintiff for the amount of the first judgment; and that, therefore, the time for taking an appeal should be reckoned from the date of the judgment last rendered. Yide Stat. 1831, p. 303, sec. 30.
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Cite This Page — Counsel Stack
5 Blackf. 231, 1839 Ind. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowers-v-mnutt-ind-1839.