National Casualty Co. v. Calhoun
| Decision Date | 23 November 1953 |
| Docket Number | No. 38954,38954 |
| Citation | 67 So.2d 908,219 Miss. 9 |
| Parties | NATIONAL CAS. CO. et al. v. CALHOUN. |
| Court | Mississippi Supreme Court |
Hannah, Simrall & Aultman, Hattiesburg, for appellant.
Wm. V. Murry, Hattiesburg, for appellees.
This was a suit in the County Court of Forrest County by Robert L. Calhoun, administrator of the estate of Ezekiel Adams, deceased, against National Casualty Company to recover the proceeds of an insurance policy in the sum of $1,000 on the life of the decedent. The case was tried on Saturday, January 6, 1951, the last day of the regular December 1950 term of said court. The jury found a verdict for the defendant, and a judgment thereon was duly entered.
No motion for a new trial was filed by the plaintiff prior to the adjournment of the term. However the following order relative to the case appeared on the minutes of that day, to wit: 'It is hereby ordered that the above styled case be and it is hereby continued to the next regular term of this court, that is, the January 1951 Term, for such action as the parties hereto or the court may take.'
The regular January 1951 term of the court convened on the second Monday and 8th day of January 1951. On January 10th following, the plaintiff filed a motion for a new trial. The same was heard by the court on January 13th, and sustained, the court holding that plaintiff's requested peremptory instruction should have been granted. Hence the verdict of the jury and the judgment thereon were set aside and judgment for the plaintiff was entered. The defendant brought the record to the circuit court by certiorari and the judgment for the plaintiff was affirmed. The insurance company appealed.
The sole question for decision is whether or not the county court had jurisdiction to hear and sustain, at a term subsequent to that during which an original judgment was entered, a motion for a new trial and a contrary judgment, when no motion for that purpose had been filed prior to the adjournment of the court which awarded the original judgment.
A judge may, on his own motion, order a new trial as long as he has jurisdiction, 'at any time during the term at which the verdict or judgment was rendered, but not thereafter.' 66 C.J.S., New Trial, Sec. 115, p. 330.
Besides, 'It is essential that the court have jurisdiction in order to grant a new trial to the same extent as when the original judgment was entered, and, if jurisdiction of the parties or the subject matter has been lost after the entry of the original judgment, an order granting a new trial is void.' 66 C.J.S., New Trial, Sec. 118, p. 334.
Of like effect is the rule set out in 39 Am.Jur., New Trial, Section 182, pp. 184-185 to wit: ...
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Overstreet v. Liberty Mut. Ins. Co.
...159 So.2d 170 (1963); George v. Standard Oil Company of Kentucky, 239 Miss. 712, 124 So.2d 858 (1960); National Casualty Company, et al. v. Calhoun, 219 Miss. 9, 67 So.2d 908 (1953); Strain v. Gayden, 197 Miss. 353, 20 So.2d 697 In George, supra, this Court said: 'This Court has definitely ......
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Lang v. State, 40098
...court and that when a term of court has finally adjourned, a party's right to file a motion for a new trial ends. National Casualty Co. v. Calhoun, 219 Miss. 9, 67 So.2d 908. In other words, under the facts of this case the trial court has no further jurisdiction of the cause. The decision ......
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Boydstun v. Presley, 42349
...ends. Pittman v. State, 147 Miss. 593, 113 So. 348; Dobbs v. State, 200 Miss. 595, 27 So.2d 551, 29 So.2d 84; National Casualty Company v. Calhoun, 219 Miss. 9, 67 So.2d 908; Thornhill v. State, 240 Miss. 131, 126 So.2d There was no error in the court's refusal to grant a new trial, and the......
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Buice v. State
...where general subject matter jurisdiction is retained has long been recognized in Mississippi jurisprudence. In National Casualty Co. v. Calhoun, 219 Miss. 9, 67 So.2d 908 (1953), the court addressed the issue of loss of a trial court's jurisdiction in a specific case. The issue was framed ......