Legal Opinion · Concurrence

Freeman v. Brown

California Court of Appeal

Decided July 12, 1906No. Civ. No. 291Published

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

  1. Stonesifer v. KilburnCalifornia Supreme Court · 1892
  2. Kaltschmidt v. WeberCalifornia Supreme Court · 1902
  3. Clark v. CraneCalifornia Supreme Court · 1881
  4. Calderwood v. PeyserCalifornia Supreme Court · 1871
  5. Griess v. State Investment & InsuranceCalifornia Supreme Court · 1892

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