Rice v. Gashirie
California Supreme Court
Appeal from Tenth District. Ejectment. The only fact upon which the decision turns appears in the opinion of the Court.
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
*54The defendant in this case moved the Court for a new trial.. This motion was granted, on the payment of costs—such payment having been made by the order a condition precedent. The defendant did not, at the time, except to these terms; the plaintiff excepted. The defendant, some two or three months afterwards, gave notice of appeal.
The only thing from which the defendant could appeal, under these circumstances, is the annexing of this condition to the granting of his motion. The terms upon which a Court will grant a new trial are peculiarly a matter within its…
2Cited by13 opinions
- Carpentier v. WilliamsonCalifornia Supreme Court · 1864
- Garoutte v. HaleyCalifornia Supreme Court · 1894
- Walls v. PrestonCalifornia Supreme Court · 1864
- Henderson v. MorrisOregon Supreme Court · 1873
- Carver v. San Joaquin Cigar Co.California Court of Appeal · 1911
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