[DOWNLOAD] "United Retail Cleaners & Tailors Ass'n D." by District of Columbia Court of Appeals. # eBook PDF Kindle ePub Free

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eBook details

• Title: United Retail Cleaners & Tailors Ass'n D.
• Author : District of Columbia Court of Appeals.
• Release Date : January 04, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

HOOD, Associate Judge. In the trial court plaintiff sued three defendants and obtained a favorable finding against one of them. The losing defendant filed a motion for a new trial which was granted. Plaintiff has appealed on the grounds: (1) that the trial court had no jurisdiction to grant the new trial; (2) that if a new trial was proper, it should have been granted as to all defendants; and (3) that the court was in error in granting the new trial. The argument that the trial court was without jurisdiction to grant the motion for new trial is based upon the claim that the motion was not filed within the time limited therefor by rule of court. Rule 52(a) of the trial court requires that a motion for new trial be filed within four days after verdict or finding by the court, and Rule 6(b) provides that such period may not be enlarged. The case had been tried without a jury and taken under advisement by the court. On March 2, 1945, the court filed a memorandum opinion, and the findings embodied therein were entered on that day. On the same day notice of this action was mailed to the parties and received by them on March 3. The motion for new trial was filed on March 8. By Rule 6(a) the intervening Sunday is not counted in computing the time. The question presented is whether the four-day period ran from the date of entry of finding or from receipt of notice of such action. If the former, the motion was not timely filed; if the latter, it was timely.

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