Murphy v. Stelling
California Supreme Court
MOTION to dismiss an appeal from an order of the Superior Court of Santa Clara County denying a motion for relief, under section 473 of the Code of Civil Procedure. M. H. Hyland, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
This is a motion to dismiss defendant’s appeal from an order of the superior court denying his motion for relief on the ground of surprise, accident, etc., under section 473 of the Code of Civil Procedure. The ease is this: After judgment in favor of plaintiff, defendant gave notice of a motion for a new trial, to be based upon a statement of the case. In due time a draft of a proposed statement was served, to^ which amendments were proposed by plaintiff. Defendant refused to adopt the amendments, and applied to the court to settle the statement. When the matter came on for hearing, plaintiff…
2Cases cited9 opinions
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