Flateau v. Lubeck

Citations

• 24 Cal. 364

Syllabus

<p>New Trial.—If no notice is given of an intention to move for a new trial, a statement made and filed, and agreed to by the parties, or settled by the Judge, cannot be made the foundation of a motion, nor annexed to the record of the judgment or order from which the party may appeal. A notice of motion for a new trial should be in writing.</p> <p>Mistake in Notice op Appeal.—If there is enough in the notice of appeal to show that the judgment or order contained in the transcript are the same intended to be appealed from, the appeal will not be dismissed, although the notice may contain mistakes as to the date of the order or judgment.</p>