Henry v. Merguire

Citations

• 106 Cal. 142
• 39 P. 599
• 1895 Cal. LEXIS 581

Syllabus

<p>Appeal — Settlement of New Trial Statement — N onappe al able Order.—The certificate of a judge settling an engrossed statement on motion for a new trial does not constitute a special order made after final judgment, and is not an appealable order.</p> <p>Id.—Review of Settled Statement.—When the judge settles a bill of exceptions or statement, the record is made up; and if, on its face, it shows that the statute was not followed in preparing the record, that fact may be urged in the lower court, and on appeal, as a reason why the motion for a new trial should be denied.</p> <p>Id.—Fatal Delay in Presenting Statement—Renewal of Order Granting New Trial.—Where the record shows that the proposed statement on motion for a new trial, and the proposed amendments thereto, were presented to the judge upon notice after the expiration of the ten days prescribed by law, and that the settlement was objected to by the other party, and no excuse appears in the record for the delay, the delay is fatal, and the court has no right, on hearing the motion, to consider the statement, nor can it be considered on appeal, and an order granting a new trial on such statement must be reversed.</p>