Le Roy v. Rassette
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Defendant recovered judgment in the Court below, and the plaintiff appealed. The respondent renewed his motion to strike out the statement in the Supreme Court. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Shafter, J.:
Motion to strike out statement. The findings were filed April 2d, 1866. Notice of the filing was given to the appellant on the 1st of May thereafter. The appellant gave notice of intention to move for a new trial on the 4th of May, and gave a new but like notice on the 11th of the same month. The appellant filed his proposed statement on the 16th of May, to which the respondent objected and moved to strike it out. The motion was denied.
The plaintiff had ten days within which to give notice of *172his intention to move for a new trial after receiving notice that the…
2Cited by4 opinions
- Pleasant v. SamuelsCalifornia Supreme Court · 1896
- Bornheimer v. BaldwinCalifornia Supreme Court · 1871
- Cooney v. FurlongCalifornia Supreme Court · 1885
- Campbell v. JonesCalifornia Supreme Court · 1871