People ex rel. Carpentier v. Loucks
California Supreme Court
An action for the recovery of a tract of land in Contra Costa County, and for damages for its detention, in which the relator was plaintiff and Thurston et at. were defendants, was tried in the District Court of the Fifteenth Judicial District, Contra Costa County, at the July term, 1864. A jury was waived, and the cause was submitted and taken under advisement by the Court.
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An action for the recovery of a tract of land in Contra Costa County, and for damages for its detention, in which the relator was plaintiff and Thurston et at. were defendants, was tried in the District Court of the Fifteenth Judicial District, Contra Costa County, at the July term, 1864. A jury was waived, and the cause was submitted and taken under advisement by the Court. On the 24th of February, 1865, at a regular term of said Court, the attorneys for both parties being present, the Court announced its decision, and directed judgment to be entered against defendants, and an entry of the…
1Opinion of the Court
*70By the Court,
Sanderson, C. J.
It is unnecessary to determine whether the respondent’s motion for a new trial was in time or not. If in time it did not per se operate as a stay of proceedings, and the relator was entitled to final process upon his judgment, notwithstanding. The notion which has prevailed hitherto, that a motion, or notice of motion, for a new trial of itself stays all proceedings upon the judgment until such motion has been determined, is without foundation. ■ The Practice Act' contains no such provision. On the contrary, the reverse is at least implied. The one hundred and…
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