Sauer v. Eagle Brewing Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. Frank H. Kerrigan, Judge, The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
This is an appeal by defendant from a judgment in favor of plaintiff, and also from the order denying defendant’s motion for a new trial.
It first becomes necessary to dispose of some objections raised by respondent to the consideration of the appeal upon its merits. It is first objected that the bill of exceptions cannot be considered because not served in time; and secondly, that though the court, on application of defendant, relieved defendant, under section 473 of the Code of Civil Procedure, of its default in not serving its bill in time, it granted leave to serve a statement on motion…
2Cases cited10 opinions
- Herbert v. Southern Pacific Co.California Supreme Court · 1898
- Judson v. Giant Powder Co.California Supreme Court · 1895
- McDougald v. HuletCalifornia Supreme Court · 1901
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
- Wahlgreen v. Market Street Railway Co.California Supreme Court · 1901
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3Cited by15 opinions
- De Glopper v. Nashville Railway & Light Co.Tennessee Supreme Court · 1910
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. HoffmanIndiana Court of Appeals · 1914
- Van Derhoof v. ChambonCalifornia Court of Appeal · 1932
- Mayer v. AndersonCalifornia Court of Appeal · 1918
- Scholl v. BelcherOregon Supreme Court · 1912
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