Cooney v. Furlong

Citations

• 66 Cal. 520
• 6 P. 388
• 1885 Cal. LEXIS 488

Syllabus

<p>New Trial—Order Granting—Review of.—Unless an order granting a new trial has Leen made upon some legal proposition, which may he considered in itself, a stronger showing is required to justify the Supreme Court in interfering with it than with an order refusing a new trial.</p> <p>Tjb.—Notice of Motion—Amendment of—Waiver—Jurisdiction.—Where a notice of motion for a new trial designates that the motion will he made for all the causes specified in section 657 of the Code of Civil Procedure, upon a statement of the case, the moving party is hound to prepare and serve his proposed statement within the time allowed hy law for that purpose. A failure so to do is a waiver of the right to move for a new trial, and after the statutory time for giving the notice has passed, the trial court has no jurisdiction to allow the original notice to he amended, so as to designate that the motion would he made for the same causes upon the minutes of the court.</p>