Carpentier v. Thurston
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. Plaintiff moved to strike defendants’ statement on motion for a new trial from the files, for the reason that defendants had suffered more than ten days to elapse after receiving written notice of the decision, before they gave notice of their intention to move for a new trial. The Court denied the motion, and from the order denying the motion the plaintiff appealed.
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Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. Plaintiff moved to strike defendants’ statement on motion for a new trial from the files, for the reason that defendants had suffered more than ten days to elapse after receiving written notice of the decision, before they gave notice of their intention to move for a new trial. The Court denied the motion, and from the order denying the motion the plaintiff appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, J.:
The cause having been tried by the Court without a jury, the decision was announced in open Court at Martinez, Contra Costa County, on the 24th of February, and judgment for plaintiff ordered. Thereupon the following order was entered in the minutes of the Court»:
“ H. W. Carpentier, plaintiff, v. Joseph Thurston et als., defendants.—This cause having heretofore been tried by the Court and taken under advisement, it is now ordered that judgment be entered against the defendants and in favor of the plaintiff, according to the prayer of the complaint. The findings of the…
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