Dickinson v. Van Horn

Citations

• 9 Cal. 207

Syllabus

<p>Where a party appears and argues a motion for a new trial, he cannot afterwards ohject that the statement was not agreed to by him, and that it was not settled by the Judge.</p> <p>In a statement for a new trial the evidence may be simply referred to, and need not be set out in the statement itself.</p> <p>It is not so in a statement on appeal, in which the evidence, if relied upon, must be set out.</p> <p>Where the evidence is not set out in a statement on appeal, this Court will presume that the Court below had good reason for granting a new trial.</p> <p>The County Court has a right to grant a new trial.</p>