Mills v. Dearborn
California Supreme Court
Appeal from a judgment of the Superior Court of San Mateo County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
The questions attempted to be presented in this case depend upon a statement of the case which appears in the record. It is contended by the respondent that the statement should be stricken out, and must be disregarded by this court, because it was not filed in the court below at the time the motion for a new trial was submitted and denied.
The motion for a new trial was submitted December 10, 1887. There is no indorsement of filing on the statement as it is copied into the record, nor is there any evidence of any kind that it was then on file, or that it was before the court, or made the…
2Cases cited1 opinion
- Boyd v. DesmondCalifornia Supreme Court · 1889
3Cited by3 opinions
- Mix v. San Diego & Cuyamaca RailroadCalifornia Supreme Court · 1890
- Wells v. KreyenhagenCalifornia Supreme Court · 1897
- De Mitchell v. CroakeCalifornia Court of Appeal · 1912