From Casetext: Smarter Legal Research

Hodgdon v. Griffin

Supreme Court of California
Nov 1, 1880
56 Cal. 610 (Cal. 1880)

Opinion

         Department Two          Rehearing (Denied, Granted) 56 Cal. 610 at 612.

         Appeal from an order granting a new trial, in the Sixth District Court, County of Sacramento. Denson, J.

         After the decision in Department, the respondent filed his petition that the appeal be reheard in Bank, and the application was denied.

         COUNSEL:

         O'Brien & Hodgdon, for Appellant.

          L. S. Taylor, and D. W. Welty, for Respondent.


         JUDGES: Myrick, J. Thornton, J., and Sharpstein, J., concurred.

         OPINION

          MYRICK, Judge

         In Bank, on rehearing.          The respondent filed a petition for rehearing in Bank, and thereupon the following order was made by the Court in Bank:

         The Court:

         This case was heard before Department Two, and an opinion was filed December 20th, 1880, reversing the order of the Court below granting a new trial. It now comes before us, on petition that the cause be heard in Bank; and our attention is called to the fact that an important point was not passed upon by the Department; viz., that no objection was made in the Court below to the statement on motion for a new trial, and that it is too late to urge the objection on the appeal. It may be conceded that that proposition is correct. We have, however, examined the transcript in the case, and find nothing in it which justified the granting of a new trial. It does not contain the evidence, and shows no error in the District Court, which justified that Court in setting aside its judgment. The hearing in Bank is therefore denied, and the order appealed from will stand reversed.


Summaries of

Hodgdon v. Griffin

Supreme Court of California
Nov 1, 1880
56 Cal. 610 (Cal. 1880)
Case details for

Hodgdon v. Griffin

Case Details

Full title:WADSWORTH HODGDON v. JANE GRIFFIN

Court:Supreme Court of California

Date published: Nov 1, 1880

Citations

56 Cal. 610 (Cal. 1880)

Citing Cases

Hulley v. Chedic

) Having failed to give the notice of intention to apply for a new trial within the time prescribed by the…

Brichman v. Ross

Objection, however, that a notice of motion for new trial is not given in time must be taken in the court…