Duncan v. Times-Mirror Co.

Citations

• 120 Cal. 402
• 52 P. 652
• 1898 Cal. LEXIS 778

Syllabus

<p>New Tbial—Notice of Intention—Appeal—Dismissal.—A notice of intention to move for a new trial, stating that it would be based upon the records of the court and the minutes, and either a statement of the ease or bill of exceptions, is a substantial compliance with the statute, and where the motion under such notice was actually based upon a bill of exceptions, a motion to dismiss an appeal from the order denying the motion for a new trial on the ground that the notice of intention to move for a new trial was fatally defective, must be denied.</p>