Legal Opinion

California Improvement Co. v. Baroteau

California Supreme Court

Decided February 27, 1897No. S. F. No. 35PublishedCited by 12 opinions

Appeal from a judgment of the Superior Court of Alameda County and from an order denying a new trial. F. W. Henshaw, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFarland, J.

This is an appeal by plaintiff from á judgment in favor of defendants, and from an order denying its motion for a new trial.

The notice of the motion for a new trial is based alone upon “ insufficiency of the evidence to justify the decision”; and all the questions raised by the appellant rest upon the insufficiency of the evidence.

Respondents contend that there can be here no review of the evidence, because: 1. The appeal from the judgment was not taken' until more than sixty days after it was rendered; and 2. That appellants’ notice of intention to move for a new trial was not given in time:…

2Cases cited6 opinions

  1. Dow v. RossCalifornia Supreme Court · 1891
  2. Mullally v. Irish-American Benevolent SocietyCalifornia Supreme Court · 1886
  3. Shinn v. CumminsCalifornia Supreme Court · 1884
  4. Biagi v. HowesCalifornia Supreme Court · 1885
  5. Burton v. ToddCalifornia Supreme Court · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Diamond v. Superior CourtCalifornia Supreme Court · 1922
  2. Lancel v. PostlethwaiteCalifornia Supreme Court · 1916
  3. Prothero v. Superior CourtCalifornia Supreme Court · 1925
  4. Hamaker v. KeatingCalifornia Supreme Court · 1910
  5. Telefilm, Inc. v. Superior CourtCalifornia Supreme Court · 1949

7 more not listed; retrieve them via the Exa API.

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