Pendegast v. Knox
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Lake County. Plaintiff recovered judgment in the Court below. Defendants applied for and obtained an order, which was entered as allowing them “ twenty days time in which to move for a new trial.”
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Appeal from the District Court, Seventh Judicial District, Lake County. Plaintiff recovered judgment in the Court below. Defendants applied for and obtained an order, which was entered as allowing them “ twenty days time in which to move for a new trial.” They moved to have the order amended so as to read “ twenty days time to file statement on motion for a new trial herein,” claiming that that was the order they applied for and which was granted, but that it was not entered right. The Court found there was a conflict of evidence as to whether the order was entered right, and denied the…
1Opinion of the Court
By the Court, Rhodes, J.:
The defendants have appealed from the order refusing to amend an order previously made, allowing defendants “ twenty days time in which to move for a new trial,” so as to read *75“ twenty days time to file statement on motion for a new trial herein.”
Also, from the order striking out a statement prepared and filed by defendants on motion for a new trial herein.
The question which first arises, and which, though not presented by the respondents, must of necessity be passed on before proceeding to investigate the other questions in the case, is whether the Court has…
2Cases cited2 opinions
- Peck v. CourtisCalifornia Supreme Court · 1866
- Ketchum v. CrippenCalifornia Supreme Court · 1866
3Cited by3 opinions
- Calderwood v. PeyserCalifornia Supreme Court · 1871
- Spanagel v. DellingerCalifornia Supreme Court · 1868
- People v. MoralesSupreme Court of Puerto Rico · 1908