Legal Opinion

Godchaux v. Mulford

California Supreme Court

Decided October 15, 1864PublishedCited by 34 opinions

Appeal from the District Court, Fifth Judicial District, Sau Joaquin County. The defendants recovered judgment in the Court below, and plaintiffs appealed. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sanderson, C. J.

Previous to the submission of this case upon its merits, counsel for respondents moved the Court to strike out the statement on motion for a new trial, upon the following grounds: First—Because no notice of plaintiffs’ intention to move for a new trial was given. Second—Because the statement does not specifically set forth the grounds of the motion. Third—Because the statement is not such a statement as the Practice Act contemplates, either on appeal or on motion for new trial.

Whether any notice of motion for mmjrial was given does not appear, and the statement…

2Cases cited5 opinions

  1. Stevens v. IrwinCalifornia Supreme Court · 1860
  2. Weil v. PaulCalifornia Supreme Court · 1863
  3. Stewart v. ScannellCalifornia Supreme Court · 1857
  4. Bacon v. ScannellCalifornia Supreme Court · 1858
  5. Fitzgerald v. GorhamCalifornia Supreme Court · 1854

3Cited by34 opinions

  1. McCaffey C. Co., Inc. v. Bank of AmericaCalifornia Court of Appeal · 1930
  2. Hassell v. BungeCalifornia Supreme Court · 1914
  3. Levy v. ScottCalifornia Supreme Court · 1896
  4. Claudius v. AguirreCalifornia Supreme Court · 1891
  5. George v. PierceCalifornia Supreme Court · 1898

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