(Download) "Miller v. Emerson" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Miller v. Emerson
- Author : Supreme Court of Montana
- Release Date : January 30, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Trial ? Verdict to stand when evidence not in conflict. Where there was no conflict in the evidence as to the amount recoverable by plaintiff and defendant did not testify nor deny proof offered by plaintiff, the jury was bound to bring in a verdict for plaintiff in such amount. 2. Appeal and error ? No new trial if error does not effect substantial rights. The fact that the jurys verdict awarded plaintiff $10 more than the evidence warranted did not entitle the defendant to a new trial, but the Supreme Court may order modification of the judgment on the verdict by reducing it to the correct sum without affecting the defendants substantial rights. 3. Holidays ? Act of court on holiday not void. The constitutional provision that the district court in each county constituting a judicial district by itself shall be always open for the transaction of business, except on legal holidays and non-judicial days, does not render void any judicial act performed on a legal holiday. 4. Holidays ? Objection to judicial act on holiday may be waived. A defendant, failing to interpose timely objection to the taking of testimony, giving of instructions, and hearing of counsels arguments to the jury on Thanksgiving Day, but consenting to proceeding on such day, waived objection thereto.
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