Phillips v. Wheeler
California Court of Appeal
APPEAL from an order of the Superior Court of Sacramento County granting a new trial. Charles 0. Busick, Judge. Submission vacated and leave given to file supplemental briefs. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an appeal from an order granting a motion by the plaintiffs for a new trial. The motion was based upon all the statutory grounds (see sec. 657, Code Civ. Proc.), and the order granting it was in general language or silent as to the particular ground or grounds upon which it was predicated. There was no showing, by affidavits or otherwise, in support of any of the grounds enumerated in the first, second, third, and fourth subdivisions of section 657, such a showing being required by section 658 of the Code of Civil Procedure. The action was for damages for personal injuries,…
2Cited by4 opinions
- Scott v. RenzCalifornia Court of Appeal · 1945
- Fox v. EricksonCalifornia Court of Appeal · 1950
- Tagney v. HoyCalifornia Court of Appeal · 1968
- Townsend v. GonzalezCalifornia Court of Appeal · 1957