Brown v. Tolles
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. The plaintiff recovered judgment in the Court below, on the fourteenth of July, 1856, for a small sum of money.
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Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. The plaintiff recovered judgment in the Court below, on the fourteenth of July, 1856, for a small sum of money. Afterwards, he moved for a new trial, which being granted, the case was retried, and judgment again entered for plaintiff, on the tenth of October, 1856. On the same day, defendant gave notice of appeal from “ the order granting a new trial, and the judgment entered on the tenth of October, 1856.” The record contains a portion of the proceedings of both trials, so intimately connected as to make it…
1Opinion of the CourtMurray, C. J.
The record in this case contains eighty-two pages, much of which is so badly written as to be almost unintelligible. The appellant has assigned three grounds of error, the first of which is the granting of a new trial. This comes too late; he should have appealed from the order granting the new trial, during the time allowed by the statute, and cannot, after taking his chances upon a second trial, rely on this as error. The other two errors assigned, are to the giving and refusing certain instructions on the trial. These instructions may be right or wrong, but the counsel for the appellant…
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