Kahn v. Smith

EDMONDS, J., Dissenting.

To me, the conclusion reached by my associates is directly contrary to the fundamental rule that where the trial court has affirmatively acted upon a motion for a new trial, the limitations upon the exercise of such jurisdiction will be construed, wherever possible, so as to sustain the action as a proper exercise of its jurisdiction. (Spier v. Lang, 4 Cal.2d 711, 714, 715 [53 P.2d 138]; Pappadatos v. Superior Court, 209 Cal. 334 [287 P. 342]; Holland v. Superior Court, 121 Cal.App. 523, 531 [9 P.2d 531].) Certainly the settlement of disputed issues in the trial court…