(Download) "Bergman v. West" by Waco No. 3120 Court of Civil Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Bergman v. West
- Author : Waco No. 3120 Court of Civil Appeals of Texas
- Release Date : January 12, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
McDONALD, Chief Justice. Appellant as plaintiff obtained a judgment on the verdict of a jury in the Trial Court. Appellee (defendant) filed a Motion for a New Trial. The Trial Court refused to hear said motion, taking the position that it came too late and had been overruled by operation of law. Appellee excepted to the Court's ruling and gave notice of appeal on the same day, and on the following day filed and had approved his appeal bond, thus perfecting his appeal. Ten days thereafter, but still within the term of court, the Trial Judge concluded that appellee's Motion for New Trial was not too late, and by decree set aside the previous order refusing to hear same. Thereafter the Motion for New Trial was heard and granted -- and it is from the order granting the appellee a new trial that appellant prosecutes this appeal.