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Criner v. Mathews

Criner v. Mathews, 67 F. 945 (8th Cir. 1895)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
May 13, 1895
Docket
No. 506
Citations
67 F. 94515 C.C.A. 931895 U.S. App. LEXIS 2819
Cited by 2
Headnotes
Appeal—-Assignments of Error—Motion for New Trial. An order overruling a motion for a new trial is not assignable as error in a federal appellate court.
Summary
In Error to the United States Court in the Indian Territory. This was an action by John B. Criner against Oliver Mathews and Mrs. Mathews to recover possession of a certain farm. There was a verdict and judgment in favor of defendant. Plaintiff moved for a new trial, which motion was overruled. Plaintiff excepted to the overruling of the motion, and brought error to this court.

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Opinion of the Court

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PER CURIAM.

The only error assigned in this case is the overruling of a motion for a new trial. The rule is settled that the overruling of such a motion cannot he made the foundation for an assignment of error in a federal appellate court. The judgment of the United States court in the Indian Territory is affirmed.

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Cited by 2 cases

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1898: 11901: 118982026peak 1898 · 1

Relies on it most ⓘ

  1. City of Manning v. German Ins.107 F. 52 (8th Cir. 1901)
  2. Willis v. Board of Com'rs86 F. 872 (8th Cir. 1898)

Most recent

  1. City of Manning v. German Ins.107 F. 52 (8th Cir. 1901)
  2. Willis v. Board of Com'rs86 F. 872 (8th Cir. 1898)

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