Van Cott v. Frank
California Court of Appeal
APPEAL from an order of the Superior Court of the City and County of San Francisco dismissing defendant’s motion for a new trial, and from an order refusing to relieve the defendant from his default in not having presented his bill of exceptions or statement of the case within the time provided by law. George A. Sturtevant, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtRichards, J.
There are two appeals presented in this record — one from an order of the trial court dismissing the defendant’s motion for a new trial upon the ground that no bill of exceptions or statement of the case had been presented or settled; and the other from an order of the court refusing to relieve the defendant from his default in not having presented such bill of exceptions or statement of the ease within the time required by law.
The facts as disclosed by the record are these: On August 20, 1912, judgment was entered in plaintiff’s favor. Thereafter and on August 28, 1912, the defendant served…
2Cases cited3 opinions
- Harbaugh v. Lassen Irrigation Co.California Court of Appeal · 1914
- Steen v. Santa Clara Valley Mill & Lumber Co.California Court of Appeal · 1906
- Howse v. Norwich Union Fire Insurance SocietyCalifornia Court of Appeal · 1909
3Cited by1 opinion
- Save Our Forest & Ranchlands v. County of San DiegoCalifornia Court of Appeal · 1996