Bradley v. Slater

CourtSupreme Court of Nebraska
Writing for the CourtSULLIVAN
Citation58 Neb. 554,78 N.W. 1069
PartiesBRADLEY v. SLATER.
Decision Date03 May 1899

58 Neb. 554
78 N.W. 1069

BRADLEY
v.
SLATER.

Supreme Court of Nebraska.

May 3, 1899.



Syllabus by the Court.

1. A court of general jurisdiction possesses inherent power to vacate or modify its own judgments at any time during the term at which they are pronounced.

2. Such power exists entirely independent of any statute. It is derived from the common law, and the provision of the Code of Civil Procedure relating to new trials does not assume to abridge it. Section 314 of said Code does not deal with the power of the court, but with the rights of the parties.

3. A defendant against whom judgment has been rendered by default may during the term, and after the expiration of three days from the date of the judgment, ask the court, as a matter of judicial grace, and in furtherance of justice, to grant him a new trial; and the court may comply with his request, regardless of the form in which it is presented.

4. If the application in such case be in the form of an ordinary motion for a new trial, it will be presumed that the court, in sustaining it, acted within its authority, and not in violation of law, that it rightfully exerted its inherent jurisdiction, and not that it erroneously assumed to grant the motion as a demandable right.


On rehearing. Affirmed.

For former opinion, see 75 N. W. 826.

[78 N.W. 1069]

SULLIVAN, J.

At a former term the judgment of the district court was affirmed. 55 Neb. 334, 75 N. W. 826. A rehearing was afterwards allowed, and the cause has been again argued and submitted. Of the points discussed on the reargument, it will be necessary to consider only the authority of the court to grant Slater's motion for a new trial, filed more than three days after the rendition of the judgment against him. A re-examination of this question has satisfied us that the conclusion announced in the former opinion is correct, and we adhere to it. Courts of general jurisdiction possess inherent power to vacate and modify their own judgments at any time during the term at which they were pronounced. This power exists entirely independent of any statute. It is derived from the common law, and the provisions of the Code of Civil Procedure relating to new trials do not assume to abolish or abridge it. Section 314 of the Code does not deal with the power of the court, but with the rights of the litigant. It declares that a verdict or decision shall be vacated, and a new trial granted, on the application of the party aggrieved, for certain enumerated...

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36 practice notes
  • Morgan v. Ownbey
    • United States
    • Superior Court of Delaware
    • November 27, 1916
    ...§ 297. Numerous cases support the same doctrine. Kemp v. Cook, 18 Md. 130, 79 Am. Dec. 681, 694; Bradley v. Slater, 58 Neb. 554, 78 N.W. 1069; Donnelly v. McArdle, 14 A.D. 217, 219, 220, 43 N.Y.S. 560; Kiefer v. Grand Trunk R. R. Co., 55 Hun. 604, 8 N.Y.S. 230; Ladd v. Stevenson, 112 N.Y. 3......
  • Morgan v. Ownbey
    • United States
    • Superior Court of Delaware
    • November 27, 1916
    ...1 Black on Judgments, § 297. Numerous cases support the same doctrine. Kemp v. Cook, 18 Md. 130, 79 Am. Dec. 681, 694; Bradley v. Slater, 58 Neb. 554, 78 N. W. 1069; Donnelly v. McArdle, 14 App. Div. 217, 219, 220, 43 N. Y. Supp. 560; Kiefer v. Grand Trunk R. R. Co., 55 Hun, 604, 8 N. Y. Su......
  • Morgan v. Ownbey
    • United States
    • Superior Court of Delaware
    • November 27, 1916
    ...1 Black on Judgments, § 297. Numerous cases support the same doctrine. Kemp v. Cook, 18 Md. 130, 79 Am.Dec. 681, 694; Bradley v. Slater, 58 Neb. 554, 78 N.W. 1069; Donnelly v. McArdle, 14 A.D. 217, 219, 220, 43 N.Y.S. 560; Kiefer v. Grand Trunk R.R. Co., 55 Hun, 604, 8 N.Y.S. 230; Ladd v. S......
  • Morrison v. Burnette, 2,529.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • July 10, 1907
    ...997; AEtna Life Ins. Co. v. Board of County Com'rs, 79 F. 575, 25 C.C.A. 94; Underwood v. Sledge, 27 Ark. 295, 297; Bradley v. Slater, 78 N.W. 1069, 58 Neb. 554. It does not empower a court to reverse or avoid without cause a judicial sale during the term at which it has been confirmed, bec......
  • Request a trial to view additional results
36 cases
  • Morgan v. Ownbey
    • United States
    • Superior Court of Delaware
    • November 27, 1916
    ...§ 297. Numerous cases support the same doctrine. Kemp v. Cook, 18 Md. 130, 79 Am. Dec. 681, 694; Bradley v. Slater, 58 Neb. 554, 78 N.W. 1069; Donnelly v. McArdle, 14 A.D. 217, 219, 220, 43 N.Y.S. 560; Kiefer v. Grand Trunk R. R. Co., 55 Hun. 604, 8 N.Y.S. 230; Ladd v. Stevenson, 112 N.Y. 3......
  • Morgan v. Ownbey
    • United States
    • Superior Court of Delaware
    • November 27, 1916
    ...1 Black on Judgments, § 297. Numerous cases support the same doctrine. Kemp v. Cook, 18 Md. 130, 79 Am. Dec. 681, 694; Bradley v. Slater, 58 Neb. 554, 78 N. W. 1069; Donnelly v. McArdle, 14 App. Div. 217, 219, 220, 43 N. Y. Supp. 560; Kiefer v. Grand Trunk R. R. Co., 55 Hun, 604, 8 N. Y. Su......
  • Morgan v. Ownbey
    • United States
    • Superior Court of Delaware
    • November 27, 1916
    ...1 Black on Judgments, § 297. Numerous cases support the same doctrine. Kemp v. Cook, 18 Md. 130, 79 Am.Dec. 681, 694; Bradley v. Slater, 58 Neb. 554, 78 N.W. 1069; Donnelly v. McArdle, 14 A.D. 217, 219, 220, 43 N.Y.S. 560; Kiefer v. Grand Trunk R.R. Co., 55 Hun, 604, 8 N.Y.S. 230; Ladd v. S......
  • Morrison v. Burnette, 2,529.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • July 10, 1907
    ...997; AEtna Life Ins. Co. v. Board of County Com'rs, 79 F. 575, 25 C.C.A. 94; Underwood v. Sledge, 27 Ark. 295, 297; Bradley v. Slater, 78 N.W. 1069, 58 Neb. 554. It does not empower a court to reverse or avoid without cause a judicial sale during the term at which it has been confirmed, bec......
  • Request a trial to view additional results

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