Frank v. Doane
California Supreme Court
Appeal from the Twelfth District. The case being sent to a Referee, he reported a judgment in favor of defendant. Plaintiff prepared and filed a statement on motion to set aside the report, and for new trial. When the motion came up, no one appearing for plaintiff, the motion was denied, and judgment subsequently entered up in accordance with the report. Plaintiff appeals from the judgment, and from the order denying new trial.
1Opinion of the Court · FieldField, C. J.
Baldwin, J. concurring.
The motion to set aside the report of the Referee, and for a new trial, was denied, as no one appeared on behalf of the plaintiff in its support. This failure to prosecute was a virtual abandonment of the motion, and the order made thereon is not, in consequence, the subject of review on appeal. The precise point was decided in Mahoney v. Wilson et al., (ante).
This disposition of the order leaves only the appeal from the final judgment, and upon this appeal there is no statement. The case, therefore, rests upon the judgment roll; and as this discloses no error, the…
Also in this document: Opinion of the Court · Field.
2Cited by3 opinions
- State v. Central Pacific RailroadNevada Supreme Court · 1883
- Aspen Mining & Smelting Co. v. RuckerU.S. Circuit Court for the District of Colorado · 1886
- Green v. DoaneCalifornia Supreme Court · 1860