Womack v. Womack

Where a motion for new trial was duly filed on June 12th, 1917, and at the time of filing the motion a brief of evidence was filed under an order by the judge, providing “that this brief of evidence be filed subject to approval on trial of motion for new trial,” it was erroneous to dismiss the motion for new trial when the same came on to be heard on March -15th, 1919, “for failure to furnish a brief of the evidence.” Civil Code, § 6089.(a) The brief of evidence having been filed as indicated above, the case does not fall within the principle of those eases where no brief was filed but an…