Girdner v. Beswick

Citations

• 69 Cal. 112
• 10 P. 278
• 1886 Cal. LEXIS 636

Syllabus

<p>Appeal—Notice of — Order Refusing New Trial. —The notice of appeal stated that the appeal was taken “from an order overruling and denying defendant’s motion for new trial upon the judgment made and entered in above-entitled action, which said order overruling and denying defendant’s motion for new trial was made and entered by said court herein on the sixteenth day of September, 1887.” The notice was properly entitled in the cause, and an order denying the motion for a new trial on the above date appeared in the transcript. Held, that an appeal from the order was sufficiently expressed in the notice.</p> <p>Id. — New Trial — Notice of Intention — Appeal — Record. — A notice of intention to move for a new trial is not a part of the judgment roll, and . will not he considered on appeal unless it is made a part of the record by being embodied in a statement or bill of exceptions.</p> <p>Id. —Time for Serving Notice—Objection to —Notice of Decision. — An appeal from an order refusing a new trial, in an action tried by the court, will not be dismissed on the ground that the notice of intention to move for a new trial was not given in time, if the transcript fails to show that any notice of the decision was ever given, or that any objection was •' made in the lower court that the notice of intention was not given in time.</p> <p>Id.—Statement of Case—Settlement of—Certificate of Judge.— Appended to the statement on the motion for a new trial was a certificate of the trial judge, signed by him, as follows: “I hereby certify that the foregoing statement of the case on motion for a new trial is the statement settled and allowed by me therefor. ” Held, that the statement was properly settled.</p> <p>Sale of Animals — Liability of Purchaser for Loss by Death. — The defendant sold to the plaintiffs a band of horses, then running at large, for a stipulated price, and guaranteed that, when gathered up, they should amount to a certain number. Between the date of the sale and th