Mahoney v. Caperton
California Supreme Court
Appeal from the Eleventh District. February 23d, 1857, defendant executed his promissory note to plaintiff, and deposited with him, as security for the notes, seven shares stock in the Bear River and Auburn Mining Co. February 24th, 1857, defendant executed another note to plaintiff, and pledged as security twenty additional shares of stock in said company.
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Appeal from the Eleventh District. February 23d, 1857, defendant executed his promissory note to plaintiff, and deposited with him, as security for the notes, seven shares stock in the Bear River and Auburn Mining Co. February 24th, 1857, defendant executed another note to plaintiff, and pledged as security twenty additional shares of stock in said company. Plaintiff sues for the amount of the notes and prays for sale of the stock, and application of the proceeds to the judgment. After a jury trial and verdict for plaintiff, the case was sent to a Referee to report facts on certain issues.…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
There is nothing before the Court in this case but the judgment roll. The proceedings on the motion for a new trial were irregular and void. Notice of the motion was given one day before the judgment and six days after the filing of the report of the Referee. If the trial terminated with the filing of the report, the notice was not given in time; *315if it continued, in contemplation of law, until the entry of the judgment, the notice was premature. In either case, it was ineffectual for any purpose. The statement on appeal was not served within the time…
2Cited by7 opinions
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- Kirsch v. KirschCalifornia Supreme Court · 1890
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