90 Ky. 147 | Ky. Ct. App. | 1890
delivered the opinion of the court.
The appellee sued the appellant to recover the possession of about four feet of land situated in the city of Covington. The appellant put in issue the appellee’s right to said land. The case was tried by a jury, which resulted in a verdict for the appellee for a part
The verdict of the jury was rendered on the 26th. day of May. On the same day the appellant moved the court to render judgment for him notwithstanding the verdict of the jury. This motion was not acted upon until the first day of June thereafter, at which time the motion was overruled. On the day after, the appellant made a motion and filed written grounds for a new trial, which motion was overruled. The motion not having been made within three days after the verdict was rendered, it, according to section 342 of the Civil Code, came too late. But it is contended that the appellant’s motion, which was entered on the day the verdict was rendered, to enter judgment for him notwithstanding the verdict of the jury, saved the appellant’s right to enter a motion for a new trial until within three days after said motion was decided, against him. Under said section 342 of the Civil Code the motion and written grounds for a new trial must be made within three days after the verdict or decision is rendered. As said by this court in the case of the Imperial Fire Insurance Co. v. Kiernan, &c., 83 Ky., 468, the word decision evidently refers to decisions by the court where the law and facts are submitted to it, and that judgment need not be rendered on the verdict of the jury in order to entitle the party to make a motion and file grounds for a new trial. The return of the verdict into court and the reception of it by the court is all that is necessary in order to entitle the party to make his
The judgment is affirmed.