Legal Opinion

Adams v. City of Oakland

California Supreme Court

Decided July 1, 1857PublishedCited by 1 opinion

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

  1. Wing v. OwenCalifornia Supreme Court · 1858

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