Donovan v. Aetna Indemnity Co. of Hartford
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. James M. Troutt, Judge. The facts are stated in the opinion of the court. George F. Hatton, Walter H. Robinson, and Hartley F. Peart, for Appellant.
1Opinion of the CourtHall, J.
In this case two appeals are presented in one transcript—an appeal from the judgment, taken March 9, 1908, and an appeal from the order denying defendant’s motion for a new trial, taken April 16, 1908.
Preliminary to taking up the main points involved in the appeal it is necessary to dispose of the objection made by the respondent that the statement on motion for a new trial is properly no part of the record upon either appeal for want of jurisdiction in the court to settle the same. At the hearing upon the settlement of the statement, respondent objected to the settlement thereof upon the…
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