Union Collection Co. v. Oliver
California Court of Appeal
The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
This is an appeal from the judgment in an action based on a written contract.
Preliminarily plaintiff insists that the transcript was not filed within the time prescribed by law, and that therefore there is no bill of exceptions or statement of the case that can be considered on this appeal.
Through an inadvertence the defendant failed to serve his notice of intention to move for a new trial (according to the claim of plaintiff) within the time limited therefor. Thereafter the trial court, upon notice and motion, made an order relieving the defendant from the consequences of his omis sion. From…
2Cases cited20 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Foley v. FoleyCalifornia Supreme Court · 1898
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- La Rue v. GroezingerCalifornia Supreme Court · 1890
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
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3Cited by8 opinions
- Baumgarten v. California Pacific Title & Trust Co.California Court of Appeal · 1932
- Murphy v. Luthy Battery Co.California Court of Appeal · 1925
- Miller v. MadduxArizona Supreme Court · 1931
- Reitz v. BrouhardSupreme Court of Iowa · 1924
- Cannon v. ChapmanCalifornia Court of Appeal · 1938
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