White v. Superior Court

The Court.

— On appeal from the Justice’s Court upon questions both of law and fact, the action White v. Gutenberger was retried in the Superior Court, and a judgment therein rendered in favor of the plaintiff, the petitioner for prohibition. The defendant Gutenberger served a notice of intention to move for a new trial, specifying that said motion would be heard upon a statement of the case, but such notice was never filed. No draft statement of the case for new trial was ever served or filed by the defendant in said action. Neither the plaintiff, White, nor his counsel ever stipulated that…