Clark v. Crane

Citations

• 57 Cal. 629

Syllabus

<p>Extension of Time—Notice—Jurisdiction.—An order extending the time to give notice of a motion for a new trial made after the time for giving such notice has expired is in excess of jurisdiction and void.</p> <p>New Trial, Statement on Motion for—Practice.—It is proper to refuse to settle a statement on motion for a new trial where the notice of the motion was made after the expiration of the time allowed for giving such notice.</p> <p>Mandamus—Appeal.—An order denying a motion to settle a statement on motion for a new trial is appealable; but query, whether such remedy is speedy and adequate, and whether mandamus will lie.</p> <p>Id.—Id.—Practice—Maxim.—The law will not enforce a vain thing. Accordingly, mandamus refused to compel a Superior Court to settle a statement on motion for new trial, in a case where the notice of the motion was made too late.</p> <p>Order of Court—Evidence—Record.—The records of a Court are only evidence to determine what orders have been made in an action.</p>