No. 18,610 Precedential Remanded. Processed

First Nat. Bank v. Petty

Louisiana Supreme Court · Filed March 25, 1912 · 58 So. 141

Cited by

In Re Andrus 60 So. 2d 899 La. 1952
Roach v. Roach 35 So. 2d 597 La. 1948
Jordan v. Filmore 120 So. 275 La. 1929
Succession of Maltry 109 So. 827 La. 1926
Kid v. Currie 71 So. 947 La. 1916

Opinion text

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