Cox v. Delmas

The Court.

The petition of the above-named defendant shows that said cause was decided by the superior court in favor of the plaintiff; that in support of his motion for a new trial the defendant filed a proposed statement of the case, to which the plaintiff proposed amendments, which the superior court allowed; that such amendments were not properly allowed, because they set forth evidence that was never introduced at the trial. Wherefore petitioner prays this court to settle said statement correctly.

The proceeding is based upon section 652 of the Code of Civil Procedure, and assumes that…