Cosgrove v. Johnson
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Plaintiff recovered judgment in the Court below, and defendants appealed from the judgment and from an order denying a new trial. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, J.:
At the hearing a preliminary motion was made to dismiss the appeal, upon the ground that there was no statement in , the transcript, either agreed to by the parties or settled and allowed by the Judge. Counsel for appellant is mistaken in supposing that this motion was decided in his favor from the bench. The motion and the case were submitted together.
The motion will have to be sustained. The record contains a statement on motion for new trial as proposed by the defendants; also, a paper in which the plaintiff proposed to amend such statement by striking out a…
2Cited by3 opinions
- State ex rel. Mahoney v. McKinnonOregon Supreme Court · 1880
- Rickey v. FordOregon Supreme Court · 1868
- Overman Silver Mining Co. v. American Mining Co.Nevada Supreme Court · 1872