Adams v. City of Oakland
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. Appeal from an order overruling a motion for a new trial.
1Opinion of the CourtTerry, C. J.
' In this case, the notice of motion for new trial served, simply informed plaintiff that the “ Court would be moved to grant a new trial.” Afterwards, a statement of the evidence was filed, but no affidavit or statement of the grounds on which his motion was based.
The statute provides that a party moving for a new trial ¿shall, within five days after giving notice, make out and file with the clerk, the affidavit required, or a statement of the grounds on which he intends to rely. If such affidavit or statement be not filed within five days, the right to move for a new trial shall be deemed…
2Cited by1 opinion
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