Spanagel v. Dellinger
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. In this action plaintiff had judgment in the Court below. Defendants moved for a new trial upon grounds set forth in a settled statement on said motion, which motion was denied, and defendants appealed from the judgment and the order denying said motion.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. In this action plaintiff had judgment in the Court below. Defendants moved for a new trial upon grounds set forth in a settled statement on said motion, which motion was denied, and defendants appealed from the judgment and the order denying said motion. In this Court, respondent moved to strike out the statement on said motion from the record on appeal, on the ground that it was not filed in time. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, J.:
The respondent moves to strike out the statement on motion for a new trial, upon the general ground that it was not filed within the proper time.
The facts upon which the motion is based are substantially as follows: On the day upon which the finding or decision was filed, counsel for respondent served counsel for appellant with notice of such filing. Within ten days thereafter the latter served upon the former notice of intention to move for a new trial. Within five days after notice of motion for new trial counsel for appellant applied to the Court for an order…
2Cases cited3 opinions
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