Myers v. J. H. Degnan, Inc.

The plaintiff, Robert E. Myers, appeals from an order granting a new trial in an action for conversion.

At the outset, the appellant urges that the notice of motion for a new trial was filed too late and that therefore the court had no jurisdiction to pass on or grant the motion.

Section 659 of the Code of Civil Procedure at the time of the motion read as follows:

‘‘The party intending to move for a new trial must file with the clerk and serve upon the adverse party a notice of his intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same…