Roussin v. Stewart
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. On the trial of this action in the District Court, plaintiff had judgment. The defendants moved for a new trial, which was denied by the Court, and they appeal from the judgment and the order denying said motion.
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Appeal from the District Court, Eleventh Judicial District, El Dorado County. On the trial of this action in the District Court, plaintiff had judgment. The defendants moved for a new trial, which was denied by the Court, and they appeal from the judgment and the order denying said motion. Pending the appeal, the respondent moved this Court to strike out appellants’ notice and statement on his motion for new trial, on the grounds : 1st, That said notice was not filed and served within ten days after entry of judgment. 2d, That neither said notice nor statement was served upon the attorney of…
1Opinion of the Court
By the Court, Sawyer, J.:
The Court rendered its decision on the 22d of November, 1866. It does not appear that notice of the rendering of the decision was ever served on the appellants. The time to serve notice of intention to move for a new trial, under section one hundred ninety-five of the Practice Act, does not commence to run, till written notice of the rendering of the decision is served. It does not appear that the time had commenced to run against the appellants, at the time their notice of intention to move was served, and we cannot, therefore, say they were not in time.
S. and George…
2Cases cited3 opinions
- Prader v. GrimmCalifornia Supreme Court · 1865
- Vassault v. AustinCalifornia Supreme Court · 1867
- Stark v. RaneyCalifornia Supreme Court · 1861
3Cited by10 opinions
- Mallory v. SeeCalifornia Supreme Court · 1900
- State ex rel. Cohn v. District CourtMontana Supreme Court · 1909
- Jones v. City of PetalumaCalifornia Supreme Court · 1868
- Ohio Electric Car Co. v. Le SageCalifornia Supreme Court · 1920
- First National Bank v. McCarthySouth Dakota Supreme Court · 1900
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