Legal Opinion

Stow v. Superior Court of Alameda Cty.

California Supreme Court

Decided April 15, 1918No. S. F. No. 8450. In BankPublishedCited by 22 opinions

PROCEEDING in Certiorari originally instituted in the District Court of Appeal in and for the First Appellate District, to review the action of the Superior Court of Alameda County in granting a motion for a new trial. P. R. Parker, 'Judge Presiding. The facts are stated in the opinion of the court.

1Opinion of the CourtMelvin, J.

The district court of appeal granted a writ of certiorari to review the action of the superior court in granting a motion for a new trial in a certain action entitled Ewell v. McKenzie and Stow, in the superior court of the state of California in and for the county of Alameda. The contention of petitioner was that the judgment had been granted upon the pleadings; that, therefore, there were no questions of fact to review on a new trial; and that consequently a motion for a new trial would not lie.

The learned district court of appeal being satisfied that the judgment was rendered in response…

2Cases cited5 opinions

  1. Green v. DuvergeyCalifornia Supreme Court · 1905
  2. Gray v. CottonCalifornia Supreme Court · 1917
  3. People v. TurnerCalifornia Supreme Court · 1870
  4. Craig v. Hesperia Land & Water Co.California Supreme Court · 1895
  5. Moore v. BatesCalifornia Supreme Court · 1873

3Cited by22 opinions

  1. People v. CoxCalifornia Supreme Court · 1991
  2. Carney v. SimmondsCalifornia Supreme Court · 1957
  3. People v. GallowayCalifornia Supreme Court · 1927
  4. People v. GarciaCalifornia Court of Appeal · 1929
  5. O'DAY v. Superior CourtCalifornia Supreme Court · 1941

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