Biagi v. Howes
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco dismissing defendants’ motion for a new trial. Action to recover damages for the conversion of certain personal property. The facts are sufficiently stated in the opinion ■of the court.
1Opinion of the CourtThornton, J.
In this case the notice of intention to move for a new trial was given by the defendants in time, and their statement on such motion was filed in time. The court erred, therefore, in striking out defendant’s statement, and in dismissing the motion for a new trial.
The notice of intention to move for a new trial, where the action is tried by the court without a jury, must be given to the party aggrieved within ten days after notice of the decision of the court. (C. C. P., § 659.) Notices must be in writing. (Id, § 1010.)
In this case, the cause was tried by the court without a jury, and the…
2Cases cited8 opinions
- Barron v. DelevalCalifornia Supreme Court · 1881
- Carpentier v. ThurstonCalifornia Supreme Court · 1866
- Fry v. BennettThe Superior Court of New York City · 1858
- Valton v. National Loan Fund Life Assurance SocietyNew York Supreme Court · 1859
- Fry v. BennettThe Superior Court of New York City · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Everett v. JonesUtah Supreme Court · 1907
- Hamaker v. KeatingCalifornia Supreme Court · 1910
- State v. WestonOregon Supreme Court · 1923
- Fuller v. AndersonSouth Dakota Supreme Court · 1926
- State ex rel. Keane v. MurphyNevada Supreme Court · 1885
8 more not listed; retrieve them via the Exa API.