Kelly v. Larkin

Citations

• 47 Cal. 58

Syllabus

<p>Motion fob New Tetad a Kemedy Meeeby. —A motion for a new trial,. upon a statement settled in accordance with the provisions of the Practice Act in force before the Code took effect, was not a right within the intent of the latter clause of Section 18 of the Code of Civil Procedure, but merely a remedy.</p> <p>Idem.—A proceeding to obtain a new trial is not initiated until the notice of the motion is served and filed.</p> <p>Pboceedinq to Obtain New Tbial.—The proceedings to obtain a new trial must be conducted in accordance with the Code of Civil Procedure, when the notice of the motion is served and filed after the Code went into effect.</p>