Cole v. Wilcox

Citations

• 99 Cal. 549
• 34 P. 114
• 1893 Cal. LEXIS 710

Syllabus

<p>New Trial—Statement—Extension of Time—Belief fob Mistake or Excusable Neglect—Discretion.—Where the failure of a party to procure additional time in which to prepare and serve his proposed statement on motion for a new trial is the result of excusable neglect or mistake, the court has power to relieve him from the effect thereof; and whether it is the result of such mistake or excusable neglect is to be determined in the exercise of its discretion by the court to which the application is made.</p> <p>Id.—Statement not Embodying Grounds of Objection.—Where a statement on motion for a new trial, as settled and allowed by the judge, recited therein that it was “duly prepared and settled within due time and in the manner required by law,” and also that the “defendant objected to settlement of statement upon the ground that the same was not served in time,” but it failed to point out the basis or grounds of the objection or to present the facts upon which it was made, an objection to the hearing of the motion for a new trial, upon the ground that the proposed statement had not been served in time, is properly overruled.</p> <p>Id.—Hearing of Motion—Consideration of Court Limited to Statement.— Upon the hearing of a motion for a new trial the court is limited in its consideration to the matters contained in the statement on motion for a new trial, and is not at liberty to go outside of the statement for the purpose of determining whether the new trial should be granted or refused.</p> <p>Id. — Order Granting New Triad—Insufficiency of Evidence—Discretion. —The granting of a new trial upon the ground that the former verdict or decision was not supported by the evidence is within the discretion of the trial court, and unless it appears that there has been an abuse of that discretion the action of the trial court will not be reversed.</p>