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Morris v. Purity Sausage Co.

Court of Appeal of California, First District, Division One
Sep 27, 1934
1 Cal.App.2d 120 (Cal. Ct. App. 1934)

Opinion

Docket No. 8910.

September 27, 1934.

MOTION for diminution of record on appeal from a judgment of the Superior Court of the City and County of San Francisco. T.I. Fitzpatrick, Judge. Motion denied.

The facts are stated in the opinion of the court.

Ingemar E. Hoberg for Appellant.

Cooley, Crowley Supple for Respondents.


THE COURT.

[1] Appellant by motion sought an order for the diminution of the record on appeal so as to include therein a certain affidavit alleged to have been considered in support of appellant's motion for a new trial.

It appears without dispute that the affidavit in question was served and filed more than ten days after the time permitted by section 659a of the Code of Civil Procedure for the filing of affidavits on motions for a new trial, and, so far as shown, no extension of time was granted. Under such circumstances consideration of the affidavit by the trial court would have been improper ( Crofford v. Crofford, 29 Cal.App. 662 [ 157 P. 560]; Terry v. Lesem, 89 Cal.App. 682 [ 265 P. 523]), and we cannot presume that such was the case (2 Cal. Jur., Appeal and Error, sec. 499, p. 852).

The motion is denied.


Summaries of

Morris v. Purity Sausage Co.

Court of Appeal of California, First District, Division One
Sep 27, 1934
1 Cal.App.2d 120 (Cal. Ct. App. 1934)
Case details for

Morris v. Purity Sausage Co.

Case Details

Full title:MATILDA MORRIS, Appellant, v. PURITY SAUSAGE COMPANY et al., Respondents

Court:Court of Appeal of California, First District, Division One

Date published: Sep 27, 1934

Citations

1 Cal.App.2d 120 (Cal. Ct. App. 1934)
36 P.2d 126

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