Freeman v. Brown
California Court of Appeal
APPEAL from an order of the Superior Court of Los Angeles County denying a motion for leave to amend a statement on motion for a new trial. Walter Bordwell, Judge. Motion to dismiss appeal. The facts are stated in the opinion of the court.
1Concurrence
SMITH, J., Concurring.
I concur in the order denying the motion to dismiss the appeal in this ease, and also in the opinion that the decision in Murphy v. Stelling, 138 Cal. 642, [72 Pac. 176], is directly in point. But I regard that case as merely an application of the more general principle that all orders made in proceedings for a new trial which have the effect of finally disposing of the motion are special orders made after final judgment, and therefore appealable. (Hayne on New Trial, sec. 146; Calderwood v. Peyser, 42 Cal. 115, and cases cited; McDonald v. McConkey, 57 Cal. 326; Clark…
2Cases cited10 opinions
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
- Kaltschmidt v. WeberCalifornia Supreme Court · 1902
- Clark v. CraneCalifornia Supreme Court · 1881
- Calderwood v. PeyserCalifornia Supreme Court · 1871
- Griess v. State Investment & InsuranceCalifornia Supreme Court · 1892
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