Legal Opinion

Sawyer v. Sargent

California Supreme Court

Decided May 20, 1884No. 9,428PublishedCited by 11 opinions

Appeal from an order of the Superior Court of San Diego County granting a new trial. The facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

The decision may be set aside and anew trial granted for certain causes. (Code Civ. Proc. §§ 656, 657.)

The “ decision ” consists of findings of fact and conclusions of law. (Code Civ. Proc. §§ 632, 633.)

In the transcript before us the notice of intention to move for a new trial is, “the attorney for the plaintiff will take notice that the defendant intends to move the court to vacate and set aside the judgment, and to ask for a new trial, upon the following grounds: (1) Insufficiency of the evidence to justify the judgment, and that the judgment is against law. (2) Errors in law…

2Cases cited2 opinions

  1. Martin v. MatfieldCalifornia Supreme Court · 1874
  2. Smith v. DavisCalifornia Supreme Court · 1880

3Cited by11 opinions

  1. Locke v. MoultonCalifornia Supreme Court · 1892
  2. Boston Tunnel Co. v. McKenzieCalifornia Supreme Court · 1885
  3. Caldwell v. WellsIdaho Supreme Court · 1909
  4. Hamilton v. Spokane & Palouse RailroadIdaho Supreme Court · 1891
  5. Hoover v. WolfeCalifornia Supreme Court · 1914

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