Sutton v. Symons
California Supreme Court
Appeal from an order of the Superior Court of 'Tuolumne County denying a new trial, and from an order refusing to vacate an order striking a new trial .statement from the files. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
Judgement was rendered and entered in this action in favor of the plaintiff October 7, 1890, .and the time for serving and filing a notice of intention to move for a new trial was extended by stipulation and by an order of the court until January 5, 1891. January 3, 1891, the defendants served upon the plaintiff a notice of their intention to move for a new trial, stating therein that it would be made upon a statement of the •case, but the notice was not filed with the clerk until January 10,1891. At the same time with serving this notice the defendants served upon the plaintiff their…
2Cases cited4 opinions
- Harper v. HildrethCalifornia Supreme Court · 1893
- Clark v. CraneCalifornia Supreme Court · 1881
- Calderwood v. PeyserCalifornia Supreme Court · 1871
- Sutton v. SymonsCalifornia Supreme Court · 1893
3Cited by6 opinions
- Title Ins. Trust Co. v. Calif. Etc. Co.California Supreme Court · 1911
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- Symons v. BunnellCalifornia Supreme Court · 1894
- MacHado v. KinneyCalifornia Supreme Court · 1902
- Freeman v. BrownCalifornia Court of Appeal · 1906
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