Quivey v. Gambert
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. The plaintiff recovered judgment in the Court below, and the defendant moved for a new trial and filed a statement. On motion of, plaintiff's attorney the Court struck out the statement. The other facts are stated in the opinion of the Court.
1DissentSawyer, J.
I concur in that part of the order which dismisses the appeal, on the ground that the order from which the appeal is taken is not appealable, but I am compelled to dissent from *310the advice given to the Distinct Court, and from those portions of the prevailing opinion upon which it is based. In my judgment, a motion to strike from the files a statement on motion for new trial, which has been irregularly, or improperly filed, is regular and proper. A party has no right to put upon the files of the Court a statement, without having given in due time a proper notice of his intention to move for a…
2Cases cited14 opinions
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Hutton v. ReedCalifornia Supreme Court · 1864
- Harper v. MinorCalifornia Supreme Court · 1864
- Castro v. RichardsonCalifornia Supreme Court · 1864
- Ryan v. DoughertyCalifornia Supreme Court · 1866
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