Cardinell v. O'dowd
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The note sued on was given for seven hundred and eighty dollars, but the complaint alleged that there was due on it four hundred and fifty-eight dollars and thirty-five cents, with interest from October 6th, 1869, at one and one quarter per cent per month. Judgment was rendered for the defendants December 8th, 1870, and the plaintiff appealed from the judgment.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The note sued on was given for seven hundred and eighty dollars, but the complaint alleged that there was due on it four hundred and fifty-eight dollars and thirty-five cents, with interest from October 6th, 1869, at one and one quarter per cent per month. Judgment was rendered for the defendants December 8th, 1870, and the plaintiff appealed from the judgment. The statement filed contained this heading: “ Statement on motion for a new trial and on appeal, should said motion be overruled.” The…
1Opinion of the Court
By the Court,
Belcher, J.:
' The objection that the statement was made in view of a motion for a new trial and therefore cannot be considered on an appeal from the judgment, is not well taken. The parties stipulated that the statement might be “ used as settled statement on motion for new trial and on appeal to the Supreme Court.” It was held in Hastings v. Halleck, 13 Cal. 203, that a similar stipulation was “sufficiently broad to include any appeal which plaintiff should elect to prosecute in the cause.”
The action is upon a promissory note, and the defendants plead payment made by Dolan. . At…
2Cases cited1 opinion
- Hastings v. HalleckCalifornia Supreme Court · 1859
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