Gumpel v. Castagnetto
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
Judgment went in the trial court for plaintiff, and defendants appeal from the judgment, and from an order denying a new trial.
Respondent objects to the consideration of the points made by appellants on their appeal from the order denying the motion for a new trial, and moves to "dismiss said appeal, upon the ground that the notice of motion for a new trial was not given in time. The motion to dismiss, in such case, has been held not to be proper practice; but the objection to the notice of motion is a proper matter for consideration on the hearing of the appeal. (Barnhart v. Fulkerth, 92…
2Cases cited2 opinions
- Quivey v. GambertCalifornia Supreme Court · 1867
- Tromans v. MahlmanCalifornia Supreme Court · 1891
3Cited by5 opinions
- In re Estate of ScottCalifornia Supreme Court · 1899
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Polluck v. Minneapolis & St. Louis RailroadSouth Dakota Supreme Court · 1920
- Smith v. JordanCalifornia Supreme Court · 1898
- Onomea Sugar Co. v. AustinHawaii Supreme Court · 1887