Borkheim v. Fireman's Fund Insurance Co.
California Supreme Court
Appear from the District Court of the Fourth District, City and County of San Francisco. The appeal was by the plaintiff from an order granting a new trial. The Court below did not state in writing the grounds upon which the new trial was granted, contrary to the provisions of the 196th Section of the Code.
1Opinion of the CourtSanderson, J.
Whatever may have been the object of the Legislature in requiring the Court or Judge below, in deciding a motion for a new trial, to state the grounds of his decision in writing, that body has not provided, in terms, that his neglect or failure to do so shall render his order null and void; or, which amounts to the same thing, that this Court, on appeal from the order, shall reverse it,, if it appears that the Court or Judge below has neglected or omitted, from any cause, to perform that duty; and this Court certainly will not, by construction, annex so anomalous and absurd a consequence, for…
2Cases cited1 opinion
- Bolton v. StewartCalifornia Supreme Court · 1866
3Cited by3 opinions
- Martin v. MartinCalifornia Supreme Court · 1896
- Körber & Co. v. Aboy, Vidal & Co.Supreme Court of Puerto Rico · 1919
- Körber & Co., Inc. v. Aboy, Vidal & Co., Inc.Supreme Court of Puerto Rico · 1919