Finn v. Spagnoli

Citations

• 67 Cal. 330
• 7 P. 746
• 1885 Cal. LEXIS 633

Syllabus

<p>Motion fob New Tblal—Hearing and Determination of Motion a Trial.— The hearing and disposition of a motion for a new trial is a trial within the meaning of section 398 of the Code of Civil Procedure.</p> <p>Id. — Change of Place of Trial—Disqualification of Judge.—Where pending the settlement of .a statement on motion for a new trial, the term of office of the judge who tried the case expires, and one of the attorneys in the action becomes his successor, the party moving for a new trial is entitled, under section 398 of the Code of Civil Procedure, to have the action transferred to an adjoining county, on the ground of the disqualification of the judge before whom the case is pending.</p>