Legal Opinion
Fickett v. Rauch
California Supreme Court
Decided December 12, 1947No. L. A. 19831PublishedCited by 13 opinions
1Opinion of the CourtShenk, J.
This is an a'ppeal from an order denying the defendant’s motion for a new trial. The motion was pursuant to section 953e of the Code of Civil Procedure and was made on the ground of the death of the court reporter. Such an order is appealable. (Code Civ. Proc., § 963; Conlin v. Coyne, 15 Cal.App.2d 569 [59 P.2d 884].) The question presented is whether the denial of the motion was an abuse of discretion.
Until 1931, the only grounds of motion for new trial were those specified in section 657 of the Code of Civil Procedure. Prior to 1931, the death or other disability of a reporter who took…
2Cases cited12 opinions
- Sharon v. SharonCalifornia Supreme Court · 1888
- Diamond v. Superior CourtCalifornia Supreme Court · 1922
- Norris v. NorrisCalifornia Court of Appeal · 1942
- Conlin v. CoyneCalifornia Court of Appeal · 1937
- Caminetti v. Edward Brown & SonsCalifornia Supreme Court · 1943
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fristoe v. DrapeauCalifornia Supreme Court · 1950
- Bergerco, U.S.A. v. The Shipping Corporation of India, LimitedCourt of Appeals for the Ninth Circuit · 1990
- Kraemer v. KraemerCalifornia Court of Appeal · 1959
- Van Scoyoc v. YorkDistrict Court of Appeal of Florida · 1965
- Rotan v. EganDistrict of Columbia Court of Appeals · 1988
8 more not listed; retrieve them via the Exa API.