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OTTO M. DAVIS v. GORHAM SAVINGS BANK

New Trial. Law Court. Jurisdiction. Jury Trial.

The Law Court is without statutory power to act upon a general motion for a new trial addressed to it after a case has been heard and decided by the court below without the aid of a jury.

PER CURIAM.

This case was heard and decided by the court below without the aid of a jury. The defendant prevailed. Plaintiff now seeks review by means of a general motion for a new trial addressed to the Law Court. This method of review is available only in cases involving jury trials. The matter is jurisdictional and the Law Court is without statutory power to act. Levee v. Mardin, 126 Me. 133; Espeargnette v. Merrill, 107 Me. 304.

Motion dismissed.

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DAVIS v. GORHAM SAVINGS BANK
(Jul 2, 1958)