Smith v. Christian
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This action was brought to recover an amount awarded by arbitrators. The plaintiff obtained a judgment, and the defendant appealed from the judgment and from an order denying a new trial. _ The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
1. The point made on the argument, that the judgment is made payable in gold coin, is answered by the objection that the appeal from the judgment—not having been taken within one year after its rendition—comes too late. The appeal from the judgment must, therefore, be dismissed.
2. Nor can the order of the Court below denying a new trial be reviewed here. The motion was made upon a statement under the Practice Act, lately in force. The action had been tried by the Court sitting without a jury, and no findings had been filed; the notice of intention to move for a new trial pointed…
2Cited by8 opinions
- Jackson v. HammSupreme Court of Colorado · 1890
- Schilling v. CurranMontana Supreme Court · 1904
- Heilbron v. Centerville and Kingsburg Irrigation Ditch Co.California Supreme Court · 1888
- Bardwell v. AndersonMontana Supreme Court · 1896
- Cunnington v. ScottUtah Supreme Court · 1886
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