Descalso v. Duane

Citations

• 3 Cal. Unrep. 893
• 33 P. 328
• 1893 Cal. LEXIS 1014

Syllabus

<p>New Trial—Dismissal.—An Order Both Denying and Dismissing a motion for new trial, though somewhat inconsistent, must be considered as a dismissal, and proper, where, through inexcusable neglect of the moving party the motion has not been brought into condition for hearing.1</p> <p>New Trial—Dismissal.—The Fact That Such a Motion can be brought to hearing, under Code of Civil Procedure, section 660, either by the moving or opposite party, after notice or affidavits, etc., does not prevent the opposite party applying for dismissal, where, through inexcusable neglect, the motion has not been brought into condition for hearing.</p>