Kerr v. Clampitt
| Citation | 95 U.S. 188,24 L.Ed. 493 |
| Parties | KERR v. CLAMPITT |
| Decision Date | 01 October 1877 |
| Court | United States Supreme Court |
ERROR to the Supreme Court of the Territory of Utah.
The record in this case shows that several issues of fact regularly made up were tried by a jury in the third judicial district court of the Territory of Utah, that a verdict was returned in favor of the defendants in error for $3,583, and a judgment rendered thereon, Nov. 11, 1874; but it does not show that any exceptions were taken to the rulings of the court, either admitting or rejecting evidence, or to instructions given or to those refused, nor does it contain any thing purporting to be a bill of exceptions.
It shows, however, that a motion for a new trial was made on that day, and that a 'statement or motion for a new trial' was also filed on the 20th of March, 1875. At the foot of the statement is the following agreement, signed by attorneys for both parties: 'It is hereby agreed that the foregoing shall constitute the statement on motion for a new trial in the above-entitled cause, and is correct.' Indorsed on the statement is the following: 'Settled statement on new trial, filed March 20, 1875.'
This statement purports to give certain rulings of the court upon the admission and rejection of evidence and upon instructions to the jury given and refused, and exceptions which, it is said, were taken; but, by express agreement of the parties by their attorneys, the use of the statement is limited to the hearing of the motion for a new trial.
The record also shows that defendants below gave notice of an appeal to the Supreme Court of the Territory from the judgment entered on the verdict, as well as from that of the 1st of May, 1875, overruling the motion for new trial; and the bond recites an appeal from both judgments.
Mr. Samuel Shellabarger and Mr. Jeremiah M. Wilson for the plaintiff in error.
Mr. S. S. Henkle, contra.
By the system of procedure in civil cases adopted in Utah, an appeal lies to its Supreme Court from an order of its District Courts granting or refusing a new trial, as well as from a final judgment. The statute enumerates the grounds upon which the verdict of a jury, or the finding of a court or a referee, may be set aside, and a new trial had upon the application of the party aggrieved, and provides the mode in which such grounds shall be presented to the court. If the new trial be asked for irregularity in the proceedings of the court, jury, or adverse party, or for abuse of discretion by which either party was prevented from having a fair trial, or for misconduct of the jury, or accident or surprise which ordinary prudence could not have guarded against, or for newly discovered evidence, the application must be made upon affidavits. If the new trial be asked for excessive...
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