Triangle Motors Company v. Smith

Opinion of the Court by

Judge Clay

Reversing.

In this action for false arrest and imprisonment hy Elisha Smith against the Triangle Motors Company, a corporation, and G. M. Haney, chief of police of the town of Irvine, Haney went out on a peremptory instruction and plaintiff recovered a verdict and judgment in the sum of $2,500.00 against the Triangle Motors Company. The latter appeals.

At the outset we are met by the contention that we can not consider the evidence because the motion and grounds for a new trial were not filed within three days as required by section 342, Civil Code. That section…