Hook v. Hall
California Supreme Court
Appeal from an order of the Superior Court of the county of Monterey granting a new trial. • This was an action to recover damages for seduction. The remaining facts sufficiently appear in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
— The notice of intention to move for a new trial constitutes no part of the judgment roll or of the record to be furnished to this court on appeal from an order granting or denying a new trial. (Code Civ. Proc., secs. 661, 952.)
In support of the action of the court below, it will be presumed that the motion for new trial was made on the ground (amongst others) that the verdict was not justified by the evidence; and as there was a substantial conflict in the evidence, the order must be affirmed here in accordance with the settled rule.
In the statement of the case on motion for new trial,…
2Cited by3 opinions
- King v. Pony Gold Mining Co.Montana Supreme Court · 1903
- Arnold v. SinclairMontana Supreme Court · 1892
- Alpers v. SchamMelCalifornia Supreme Court · 1888