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Hershey v. Kness

Supreme Court of California
Feb 14, 1888
75 Cal. 115 (Cal. 1888)

Opinion

         Department Two

         Appeal from a judgment of the Superior Court of Yolo County, and from an order refusing a new trial.

         COUNSEL:

         R. Clark, for Appellant.

          Hudson Grant, for Respondent.


         The statement on motion for new trial contains no specification of the particulars in which the evidence is insufficient to justify the findings, nor any particular errors of law on which the appellant intends to rely. The statement should therefore be disregarded. (Code Civ. Proc., sec. 659; Barrett v. Tewksbury , 15 Cal. 356; Hutton v. Reed , 25 Cal. 487; Moore v. Murdock , 26 Cal. 524; Crowther v. Rolandson , 27 Cal. 385; Burnett v. Pacheco , 27 Cal. 410; Carleton v. Townsend , 28 Cal. 219; Love v. Sierra N. L. W. & M. Co ., 32 Cal. 650; 91 Am. Dec. 602; Reamer v. Nesmith , 34 Cal. 626; Sanchez v. McMahon , 35 Cal. 224; Beans v. Emanuelli , 36 Cal. 120; Thompson v. Patterson , 54 Cal. 546; Phillips v. Lowry , 54 Cal. 584; Preston v. Hearst , 54 Cal. 596; Eddelbuttel v. Durrell , 55 Cal. 279; Graham v. Stewart , 68 Cal. 375; Hartman v. Rogers , 69 Cal. 644.)

         JUDGES: Hayne, C. Foote, C., and Belcher, C. C., concurred.

         OPINION

          HAYNE, Judge

         All the appellant's specifications were stricken from the transcript, for the reason that they were mere interpolations, and not a part of the statement as settled by the judge of the court below. This took away all right to be heard on the motion for new trial.

         The appellant's objections to the sufficiency of the complaint are without merit.

         We therefore advise that the judgment and order be affirmed.

         The Court. -- For the reasons given in the foregoing opinion, the judgment and order are affirmed.


Summaries of

Hershey v. Kness

Supreme Court of California
Feb 14, 1888
75 Cal. 115 (Cal. 1888)
Case details for

Hershey v. Kness

Case Details

Full title:D. N. HERSHEY, Respondent, v. A. KNESS, Appellant

Court:Supreme Court of California

Date published: Feb 14, 1888

Citations

75 Cal. 115 (Cal. 1888)
16 P. 548

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