De Gaze v. Lynch

Citations

• 42 Cal. 362

Syllabus

<p>Motion for Mew Trial—Bight of Parties to be Heard.—Where, upon defendants’ motion for new trial, the statement was settled (though not engrossed), and defendant gave notice of hearing, but nothing further was done until afterward, upon the overruling of a like motion in a similar case, plaintiff asked that this motion, also, should be overruled, to which defendants objected, and insisted upon being heard; afterward, the Court, without notice to either party, or any formal or actual submission of the motion, granted a new trial; held, that the order was prematurely and improvidently made.</p> <p>Granting Mew Trial without Submission or Motion, Error.—Where a motion for a new trial, made by defendant, was granted by the Court without any formal or actual submission of the motion, and without any notice, so as to give the plaintiff an opportunity to be heard; held, error.</p>