De Mitchell v. Croake
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. Curtis D. Wilbur, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Action to quiet title. Judgment, entered August 23, 1910, went for plaintiff, from which, and an order denying his motion for a new trial, defendant appeals.
Pursuant to his notice of intention to move for a new trial, defendant prepared, served, and filed his proposed unsettled statement of the case.to be used in support of his motion. Thereafter, on October 17, 1910, plaintiff moved to strike from the files and records defendant’s proposed statement upon the ground that the same had not been served within the time prescribed by law, and also moved to dismiss the motion for a new trial. The…
2Cases cited2 opinions
- Symons v. BunnellCalifornia Supreme Court · 1894
- Mills v. DearbornCalifornia Supreme Court · 1889