Lincoln v. Sibeck
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. L. T. Price, Judge presiding. The facts are stated in the opinion of the court.
1Opinion of the CourtConrey, P. J.
This is an appeal by the defendant from the judgment and from an order denying his motion for a new trial.
Eespondent claims that the appeal from the order denying a new trial should be denied for want of a sufficient record. The transcript contains a document purporting to be a statement on motion for new trial. It is recited therein that within ten days after entry of judgment the defendant ‘1 duly served on plaintiff” his notice of intention to move for a new trial. It is not stated anywhere in the record that such notice ever was filed, and it is pointed out that merely serving such a…
2Cases cited3 opinions
- Williams v. HawleyCalifornia Supreme Court · 1904
- Cross v. MayoCalifornia Supreme Court · 1914
- Lehmann v. SchmidtCalifornia Supreme Court · 1890
3Cited by4 opinions
- Bell v. BriganceCalifornia Supreme Court · 1924
- Williams v. Flinn & TreacyCalifornia Court of Appeal · 1923
- Pue v. BushnellMontana Supreme Court · 1925
- Pedder v. CommissionerUnited States Board of Tax Appeals · 1930