Gillmore v. American Central Insurance

Citations

• 65 Cal. 63
• 2 P. 882
• 1884 Cal. LEXIS 442

Syllabus

<p>Judgment—When Finad—Motion fob New Tbiad—Arpead.—While proceedings are pending for the review of a judgment, either on appeal or motion for a new trial, the judgment is not a final determination of the rights of the parties, although it may have become final for the purpose of an appeal.</p> <p>Id.—Judgment on Stipulation—Pbematube Entey.—A judgment pursuant to a stipulation authorizing its entry upon a final judgment being obtained in another action, cannot be entered during the pendency of a motion for a new trial in the latter action.</p> <p>Tbial on the Mebits—Motion fob Judgment on Stipulation—New Tbial.— A motion for a judgment pursuant to a stipulation is not a trial of the case upon the merits. If a party to such stipulation is entitled to judgment, it is upon the stipulation, and not upon a trial of the cause. A motion for new trial in such case is irregular, and should be dismissed.</p>