First Nat. Bank v. Petty

Supreme Court of Louisiana

First Nat. Bank v. Petty

58 So. 141, 130 La. 441, 1912 La. LEXIS 869

CourtSupreme Court of Louisiana

DecidedMarch 25, 1912

DocketNo. 18,610

StatusPublished

Cited by8 cases

This text of 58 So. 141 (First Nat. Bank v. Petty) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First Nat. Bank v. Petty, 58 So. 141, 130 La. 441, 1912 La. LEXIS 869 (La. 1912).

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Opinion

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

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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

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Bluebook (online)

58 So. 141, 130 La. 441, 1912 La. LEXIS 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-v-petty-la-1912.

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