Mack v. Wetzlar
California Supreme Court
Appeal from the District Court of the Sixth District, Sacramento County. On the second day of March, 1868, the defendant, Julius Wetzlar, brought suit in the nature of an action of ejectment against the present plaintiff, Hannah Mack, to recover the possession of Lots 1 and 2, between L and M and Twelfth and Thirteenth streets, in Sacramento City. This case went to trial, and judgment was had for the plaintiff, Wetzlar.
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Appeal from the District Court of the Sixth District, Sacramento County. On the second day of March, 1868, the defendant, Julius Wetzlar, brought suit in the nature of an action of ejectment against the present plaintiff, Hannah Mack, to recover the possession of Lots 1 and 2, between L and M and Twelfth and Thirteenth streets, in Sacramento City. This case went to trial, and judgment was had for the plaintiff, Wetzlar. The defendant, Mack, moved for a new trial, and whilst that motion for new trial was still pending and undetermined, filed the bill or complaint now before this Court, for the…
1Opinion of the CourtTemple, J.
The statement on motion for a new trial contains no specification of the particulars in which the evidence is insufficient to sustain the findings, nor of the errors in law, upon which plaintiff would rely for a new trial. The one hundred and ninety-fifth section of the Practice Act explicitly provides that, if these specifications are not made, the statement shall be disregarded.
*254If, however, we could regard the specification in the notice-of intention to move for a new trial as a compliance in the requirement of the statute, but one specification is made in it, and that is that the evidence…
2Cases cited2 opinions
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