Sullivan v. Wallace
California Supreme Court
Appeal from an order of the Superior Court of Sacramento County granting a new trial, and from an order setting aside a judgment. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
— This is an action of ejectment, the plaintiff had judgment, but upon motion duly made the court below granted a new trial, and from the order made in the premises this appeal is taken.
The respondents’ motion to dismiss the appeal should be denied, as the affi davit of the appellant’s counsel shows that service of the notice of appeal was properly had on the attorney of the former.
The appellant contends that the notice of motion for a new trial was not filed in the clerk’s office until the eleventh day after the notice of the decision had been deposited in the post-office at…
2Cases cited2 opinions
- Young v. RosenbaumCalifornia Supreme Court · 1870
- People v. MartinCalifornia Supreme Court · 1856
3Cited by11 opinions
- Connell v. HigginsCalifornia Supreme Court · 1915
- Labarthe v. McRaeCalifornia Court of Appeal · 1939
- Murray v. HauserMontana Supreme Court · 1898
- California Accounts, Inc. v. Superior CourtCalifornia Court of Appeal · 1975
- Bank of Orland v. FinnellCalifornia Supreme Court · 1901
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