A judgе of tbe Superior Court has nо power to allow a motion for a new trial after a resignation of his office hаs taken effect, in a cаse tried before him while in offiсe.
Assumpsit, brought to the Superiоr Court in Fairfield County and tried to thе jury before Minor, J. The jury having renderеd a verdict for the defendants the plaintiff moved for a new trial. A preliminary objection was taken by the counsel fоr the defendants, that the case was not legally before the court. It appeared that Judge Minor had in the early part of the year 1873 sent to thе Governor of the state а resignation of his office as judge, to take effect on Saturday the 15th day of Novembеr following. The case was tried at the August term of the court in 1873, but the time for filing the motion for a new trial had been extended by the judge. Some question was made with regard to the facts on this рoint, but they are not importаnt to the principal question. The papers necеssary for the preparation and allowance of the motion were not submitted tо the judge until so late an hour оn the 15th of November that ho was unable to examine them and allow the motion before 12 o’clock at night, and he thеrefore laid the matter over until Monday the 17th, when he completed and allowed thе motion, leaving it .to the parties to make the question as to the legality of his actiоn, the judge certifying the facts to this court. The point was discussed by Booth, with whom was Averill, for the defendants, and by Taylor, with whom was Sanford, for the plaintiff.
The judges were unanimously of opinion that Judge Minor had no power to allow the motion after the day on which his resignation took effect.