Careaga v. Fernald

Citations

• 66 Cal. 351
• 5 P. 615
• 1885 Cal. LEXIS 434

Syllabus

<p>New Trial—Trial bt Referee—Notice of Motion—Filing of Findings and Judgment.—Notice of motion for a new trial in an action tried by a referee, and subsequent proceedings based thereon, are ineffectual for any purpose, if made before the findings and judgment are filed.</p> <p>Id.—Mandamus—Settlement of Statement.—A writ of mandate lies to compel a referee to settle a statement on motion for a new trial in an action tried by him. Upon the refusal of the referee to settle such statement, the remedy by appeal, conceding it to exist, is inadequate.</p>