Macy v. Davila
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The cause was tried by the Court. The final judgment was rendered September % 1872, by R. M. Widney, then Judge of the Seventeenth Judicial District.
Read the full summary
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The cause was tried by the Court. The final judgment was rendered September % 1872, by R. M. Widney, then Judge of the Seventeenth Judicial District. The notice of intention to move for a new trial was served and filed September 5, 1872. The motion to dismiss the motion for a new trial was made February 3, 1874. The new trial was granted by Judge Sepulveda, who was the successor in office of Judge "Widney, on the 28th of February, 1874. The defendants appealed from the order granting a new trial. The other…
1Opinion of the Court
By the Court, Wallace, C. J.:
1. The action is ejectment, and was tried in 1872, and the appeal is taken from an order entered February 28, 1874, granting the plaintiff a new trial. The notice of intention to move for a new trial having been served upon the attorneys of the defendants in 1872, the proceedings upon the motion are to be determined by the Practice Act then in force, and not by the Code of Civil Procedure. (Kelly v. Larkin, 47 Cal. 58.)
2. On the 3d of February, 1874, and before the decision of the pending motion for a new trial, the defendants moved the Court below to dismiss it…
2Cases cited1 opinion
- Kelly v. LarkinCalifornia Supreme Court · 1873
3Cited by8 opinions
- Wilson v. California Central RailroadCalifornia Supreme Court · 1892
- Jones v. SandersCalifornia Supreme Court · 1894
- Benet v. HernándezSupreme Court of Puerto Rico · 1915
- Blum v. SunolCalifornia Supreme Court · 1883
- Miller v. LoganCalifornia Court of Appeal · 1916
3 more not listed; retrieve them via the Exa API.