Mitchell v. Cal. & Or. Coast S.S. Co.
California Supreme Court
APPEAL from an order of the Superior Court of the City and County of San Francisco denying a motion for relief under section 473 of the Code of Civil Procedure. Thos. F. Graham, Judge. The facts are stated in the opinion of the court. W. F. Williamson, W. W. Sanderson, and Edmund Nelson, for Appellant.
1Opinion of the CourtMelvin, J.
This is an appeal from an order of court which, in its essence is really two orders, one granting plaintiff’s motion to set aside an order extending time for service of defendant’s statement on motion for new trial; the other denying defendant’s motion for relief under section 473 of the Code of Civil Procedure, in the matter of the settlement of the statement for new trial, the proposed draft of which was not served in time.
It is practically conceded that the last order of court, extending time for service of the statement, was made without authority; therefore it will be necessary to…
2Cases cited11 opinions
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
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- Banta v. SillerCalifornia Supreme Court · 1898
- Melde v. ReynoldsCalifornia Supreme Court · 1900
- Douglass v. ToddCalifornia Supreme Court · 1892
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