Connor v. S. Cal. Motor Rd. Co.

Citations

• 101 Cal. 429
• 35 P. 990
• 1894 Cal. LEXIS 1052

Syllabus

<p>New Trial—Unexplained Delay in Presenting Statement for Settlement—Appeal.—An unexplained delay of seven months in presenting a statement on motion for a new trial to the trial judge for settlement is fatal, and a settled statement showing the fact of such delay, without explanation, and an objection to its settlement on that ground, mus* be disregarded upon the hearing of an appeal from the order denying a new trial.</p> <p>Id.—Appellant Must Incorporate Excuse for Delay.—Where the settlement of a statement or bill of exceptions is objected to on the ground that it is too late, it becomes the duty of the appellant to incorporate in the bill or statement the matter, if any, going to excuse his apparent delay, and in case this is not done the bill of exceptions or statement will not be considered upon appeal.</p> <p>Id.—Mandatory Statute.—If a statute absolutely fixes the time within which an act must be done, it is peremptory, and the act cannot be done at any other time unless, during the existence of the prescribed time, it has been extended by an order made for that purpose under authority of law.</p>