Munch v. Williamson
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Yuba County. The Plaintiff, on the 29th day of April, 1861, was appointed administrator of the estates of A.. Y. Brown and Cecilia Brown.
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Appeal from the District Court, Tenth Judicial District, Yuba County. The Plaintiff, on the 29th day of April, 1861, was appointed administrator of the estates of A.. Y. Brown and Cecilia Brown. The complaint averred, that as administrator of said estates, plaintiff had in his possession ninety-nine thousand six hundred and eighty-one pounds of barley, and that while it was in his possession as administrator, defendants, in February and March, 1862, wrongfully took possession of it and converted it to their own use. Plaintiff recovered judgment below, and defendants apjjealed.
1Opinion of the Court
By the Court, Sanderson, C. J.
The appeal is from the judgment and the order overruling the motion for a new trial. It is contended, on the part of the respondent, that we cannot review the order denying the new trial, because the statement was not filed within the time prescribed by the statute. The judgment was rendered on the 28th day of January, A. D. 1863, and notice of motion for new trial was served on the 30th of the same month. The statement on motion for new trial was not filed until the 13th of February, more than five days after the service of notice. The transcript contains no…
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