TaiLexi AI U.S. Case Law

Walker v. Blake

THOMPSON WALKER, MARY H. WALKER and DENVER HOLMESLEY, and v. CELESTE H. BLAKE and FRANK BLAKE, Her Husband, GEORGIA HOLMESLEY, JAMES HOLMESLEY, ALICE H. WILLIAMS and JOSIAH WILLIAMS, Her Husband, BURRELL HOLMESLEY, WESLEY HOLMESLEY, JOHN HOLMESLEY and LEE HOLMESLEY, and

Walker v. Blake, 108 P. 221 (Ariz. 1910)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Arizona Supreme Court · State Highest Courts
Decided
January 13, 1910
Docket
No. Civil No. 1132
Citations
108 P. 22113 Ariz. 11910 Ariz. LEXIS 50
Disposition
Affirmed.
Headnotes
1. New Trial — Motion—Time of Filing. — Where the motion for new-trial was filed more than five days after rendition of judgment, it was properly denied. 2. Appeal and Error — Proceedings Below — Motion for New Trial— Necessity. — Failure to make a timely motion for new trial waived all errors not fundamental, so that questions involved in such errors cannot be considered on appeal.
Summary
APPEAL from a judgment of the District Court of the Third Judicial District, in and for Maricopa County. Edward Kent, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

Appellees move for an affirmance of judgment in this case for the reason that no motion for a new trial was filed within the time provided by law, and that there is no assignment of error. The motion for a new trial was filed more than five days after the judgment was rendered. Therefore the trial court did not err in denying it. *2 The failure to move for a new trial waived all errors not fundamental. McDonald v. Cox, 12 Ariz. 171 . 100 Pac. 457 .

Counsel for appellants do not make a formal assignment of errors, but close their brief with the statement that the trial court erred in several enumerated particulars. If this unusual method of assigning error should be treated as sufficient, we are precluded from considering the questions so presented by the fact that all are such as should have been •brought to the attention of the trial court in a motion for a new trial. None of the questions so raised involve fundamental error. Therefore we must affirm the judgment of the district court.

KENT, C. ¡T., and LEWIS, J., took no part in the determination of this case.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Daggs v. Howard Sheep Co.145 P. 140 (Ariz. 1914)

Most recent

  1. Daggs v. Howard Sheep Co.145 P. 140 (Ariz. 1914)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
McDonald v. Cox, 100 P. 457 (Ariz. 1909) 1

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list