Kaltschmidt v. Weber
California Supreme Court
APPEAL from an order of the Superior Court of the City and County of San Francisco relieving a party moving for a new trial from the effects of a failure to present his bill of exceptions for settlement within the time required by law. Frank H. Kerrigan, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
Motion to dismiss the appeal.
After a judgment of nonsuit had been entered in the above-entitled action, the plaintiff served upon the defendant a proposed bill of exceptions to be used upon his motion for a new trial, to which the defendant served his proposed amendments. The plaintiff gave notice to the defendant that he did not accept the amendments, and that on a day designated he would present the same for settlement to the judge who had tried the cause. On that day the defendant objected to the settlement of the bill upon the ground that the same was not presented within the time allowed…
2Cases cited8 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Pignaz v. BurnettCalifornia Supreme Court · 1897
- Banta v. SillerCalifornia Supreme Court · 1898
- Spanagel v. DellingerCalifornia Supreme Court · 1869
- Henry v. MerguireCalifornia Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Lakin v. Watkins Associated IndustriesCalifornia Supreme Court · 1993
- Williams v. Superior CourtCalifornia Supreme Court · 1939
- Imperial Beverage Co. v. Superior CourtCalifornia Supreme Court · 1944
- Lake v. HarrisCalifornia Supreme Court · 1926
- Kramm v. Stockton Electric R. R. Co.California Court of Appeal · 1913
26 more not listed; retrieve them via the Exa API.