Walls v. Preston
California Supreme Court
Appeal from the County Court of Solano County. The lease mentioned in the opinion of the Court was executed by both Manuel Vera and Preston, the defendant.
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Appeal from the County Court of Solano County. The lease mentioned in the opinion of the Court was executed by both Manuel Vera and Preston, the defendant. December 1st, 1861, Vera died, and Walls was appointed administrator of the estate on the 23d day of May, 1863. On the 23d day of October, 1863, Walls, as administrator, commenced an action before a Justice of the Peace, in Solano County, against Preston, to recover possession of the lands, under the thirteenth section of the Forcible Entry and Detainer Act, as amended in 1862. Plaintiff claimed that Preston was holding over after the…
1Opinion of the Court
By the Court, Rhodes, J.
The motion for a new trial was properly overruled. The plaintiff failed to designate the grounds upon which he relied, either in his notice or statement. It is stated in the bill of exceptions that the plaintiff in open Court moved for a new trial, and that the motion was entertained by consent. Even if the consent of the parties could be deemed a waiver of a notice of intention to move for a new trial, it did not waive the statement, in some proper form, of the grounds of the motion. (See Stats. 1863, p. 643.) There is nothing upon which the Court below can act on the…
2Cases cited7 opinions
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