(DOWNLOAD) "Stabler v. Adamson Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Stabler v. Adamson Et Al.
- Author : Supreme Court of Montana
- Release Date : January 04, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Suretyship ? County Officers ? Constables ? Official Bond ? Absence of Approval by District Judge ? Effect on Liability of Surety ? New Trial Procedure ? Statutory Provisions Exclusive ? Jurisdiction. Judgment ? Court Loses Jurisdiction on Rendition. 1. Upon rendition of the judgment the district court loses jurisdiction over the subject matter of the action other than to see that proper entry of it is made by the clerk and that the rights fixed by it are properly enforced, and thereafter it cannot set it aside except on motion for a new trial. New Trial Procedure ? Statutory Mode Exclusive. 2. The mode of procedure prescribed by the statute in connection with a motion for a new trial is exclusive. Same ? Notice ? Time of Filing ? Extension Unauthorized. 3. To give the district court jurisdiction over new trial proceedings, the notice of intention ? the purpose of which is to bring within its jurisdiction the parties to the action whose interests would be adversely affected by the granting of the motion ? must, under section 9399, Revised Codes of 1921, be filed within ten days after return of the verdict, and such time cannot be extended by order of court or stipulation. - Page 491 Same ? Notice not Served in Time ? Extension of Time for Filing Bill of Exceptions ? Order After Expiration of Time Unauthorized. 4. Where notice of intention to move for a new trial was not filed until eleven days after return of the verdict, the court was without jurisdiction to entertain it, and any orders made by it thereafter upon the assumption that the motion for new trial was still pending were void; hence an order made thereafter granting movant an extension of time within which to file his bill of exceptions was null, rendering the bill subject to a motion to strike from the record. Constables ? Official Bond ? Approval by District Judge ? Absence of Approval Mere Defect ? Bond Valid. 5. While the official bond of a constable is required by section 471, Revised Codes of 1921, to be approved by the district judge before filing with the county recorder, where, though properly filed, it was not so approved, and the officer assumed office and performed his duties during his entire term with the acquiescence of the surety, absence of approval by the judge will be held to have been a mere defect, which under section 484 does not render the bond void so as to discharge the surety from liability.