Mahoney v. Caperton

Citations

• 15 Cal. 313

Syllabus

<p>Notice of motion for new trial given one day before judgment rendered, and six days after filing the report of the Eefercc to whom the case had been sent to find the facts, is ineffectual for any purpose. If the trial terminated with the filing of the report, the notice was not in time; if it continued, in contemplation of law, until the entry of judgment, the notice was premature, and the proceedings on the motion are void.</p> <p>Moving for new trial does not of itself operate to extend the time for filing a statement on appeal from the judgment. And where judgment was rendered July 27th, 1859, and motion for new trial overruled Oct. 22d, 1859, a statement on appeal served Nov. 10th, 1859, was not in time.</p> <p>At one time, seven shares of stock in a company are pledged by defendant to plaintiff as security for a note of defendant then executed. At another time, twenty more shares are pledged as security for another note of defendant then executed. In suit on the notes, and for sale of the stock, etc., the judgment was for the amount of the notes, and directed a sale of all the shares of stock, and an application of the proceeds to the payment of the judgment. Held, that the judgment was wrong so far as it ordered a sale of the stock in gross, and an application of the proceeds to the entire indebtedness.</p>