Lucas v. Mayor & Common Council of Marysville
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, Yuba County. The judgment was rendered February 22d, 1871, and the (notice of intention to move for a new trial was filed and served March 3d, 1871. Twenty days additional time were given to file statement. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Wallace, C. J.:
Upon the trial of the action the plaintiff' had judgment. The defendants gave notice of their intention to move for a new trial, and had until March twenty-eighth to file a statement in support of the motion. Intermediate the notice of intention and the twenty-eighth of March a statement was prepared, which set forth the proceedings had at the trial, the admissions made by the parties, the exceptions reserved, etc., but wholly omitted to specify the errors or particular *211insufficiencies upon which the motion would be rested. To this incomplete statement the…
2Cases cited1 opinion
- Quivey v. GambertCalifornia Supreme Court · 1867
3Cited by4 opinions
- In re the Estate of GilmoreCalifornia Supreme Court · 1889
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- Herrick v. MillerWashington Supreme Court · 1912
- Sweeney v. Great Falls & Canada Railway Co.Montana Supreme Court · 1891