Jenkins v. Frink

Citations

• 27 Cal. 337

Syllabus

<p>Order giving Time to file Statement.—An order of Court allowing a party twenty days within which to file a statement on motion for a new trial must be construed as giving twenty days from the date 'of the order, and not twenty days beyond the time of giving notice, or twenty days beyond the time allowed by statute.</p> <p>Piling Statement for Hew Trial.—If a statement on application for a new trial is not filed within the time required by law, the right to move for a new trial is waived, and if a motion to that effect is made, the statement should be stricken out.</p> <p>Proceedings to obtain a Hew Trial.—There are three distinct steps recognized by the Practice Act, in a proceeding to obtain a new trial, for the taking of each of which, except the last, a particular period of time is allowed : Firstly—a notice of intention to move for a new trial; Secondly—Filing and serving statement or affidavits; Thirdly—The motion for a new trial. An order extending the time for taking either of these steps should express with precision the object tobe attained. Query ?—Should an order allowing time within which to file a motion for a new trial be construed as allowing time to file a statement?</p>