Mecham v. McKay
California Supreme Court
Appeal from the County Court of Sonoma County. The following was the stipulation upon which the motion for a new trial was denied: “It is hereby stipulated and agreed by and between the parties to this action, that the motion for a new trial, on the part of said defendants in this action now pending in said Court, may he overruled by order of said Court staying all proceedings upon the judgment in favor of said plaintiff, be continued in force for ten days; and in case the…
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Appeal from the County Court of Sonoma County. The following was the stipulation upon which the motion for a new trial was denied: “It is hereby stipulated and agreed by and between the parties to this action, that the motion for a new trial, on the part of said defendants in this action now pending in said Court, may he overruled by order of said Court staying all proceedings upon the judgment in favor of said plaintiff, be continued in force for ten days; and in case the said defendants perfect an appeal to the Supreme Court within said ten days, then and in that case the said order staying…
1Opinion of the Court
By the Court, Crockett, J. :
This is an appeal by the defendants from the final judgment, and from an order denying a motion for a new trial, in an action of forcible entry and' detainer. The respondent insists that we cannot review the order denying a motion for a new trial, for the reason that it appears by the record that the order denying the motion was entered with the consent of the appellants, and upon a written stipulation to that effect.
We have several times decided that we will not review, on appeal, judgments and orders entered by consent. (Brotherton v. Hart, 11 Cal. 405; Coryell…
2Cases cited5 opinions
- Carpentier v. SmallCalifornia Supreme Court · 1868
- Stuart v. AllenCalifornia Supreme Court · 1860
- Caulfield v. StevensCalifornia Supreme Court · 1865
- Sleeper v. KellyCalifornia Supreme Court · 1863
- Brotherton v. HartCalifornia Supreme Court · 1858
3Cited by58 opinions
- Norgart v. Upjohn Co.California Supreme Court · 1999
- Meyer v. State Board of EqualizationCalifornia Supreme Court · 1954
- Building Industry Assn. of Southern California, Inc. v. City of CamarilloCalifornia Supreme Court · 1986
- Pollitz v. WickershamCalifornia Supreme Court · 1907
- Russell v. RammCalifornia Supreme Court · 1927
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