Mahoney v. Wilson

Citations

• 15 Cal. 42

Syllabus

<p>A party cannot appeal from an order overruling a motion for new trial, when he fails to prosecute his motion before the District Court, especially when the case involved complicated facts, and was not tried by the Judge, but by a Referee, by whom the alleged errors were committed.</p> <p>The failure to prosecute in such case, is an abandonment of the motion.</p>