Chabot v. Tucker
California Supreme Court
Appeal from the District Court of the. Fourth District, City aud Couuty of Sau Francisco. The facts are stated in the opinion.
1Opinion of the CourtTemple, J.
The statement on motion for a new trial was settled on the 13th day of September, A. D. 1867, and the motion was granted on the 28th of December following. We are not prepared to say that there was such laches in prosecuting this motion as will warrant our interference with the discretion which, in such cases, is properly exercised by the Court below. This Court cannot possibly be as well advised of the circumstances which may excuse delay, and it is only a clear abuse of that discretion which would justify a reversal of the case on that ground.
And, besides, if we can regard the statement on…
2Cases cited4 opinions
- McCormick v. BrownCalifornia Supreme Court · 1868
- Depuy v. SwartNew York Supreme Court · 1829
- Smith v. RichmondCalifornia Supreme Court · 1861
- Carder v. MinturnCalifornia Supreme Court · 1865
3Cited by25 opinions
- Davey v. Southern Pacific Co.California Supreme Court · 1897
- Southern Pacific Co. v. ProsserCalifornia Supreme Court · 1898
- Rodgers v. ByersCalifornia Supreme Court · 1900
- Bullman v. GiuntoliSuperior Court of Pennsylvania · 2000
- Gray v. RobinsonCalifornia Court of Appeal · 1939
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