Millan v. Hood

Citations

• 3 Cal. Unrep. 548
• 30 P. 1107
• 1892 Cal. LEXIS 1028

Syllabus

<p>Hew Trial—Statement.—Code of Civil Procedure, section 659, subdivision 3, provides that, if a notice of motion for a new trial designates that the motion will be made upon a statement of the case, on the grounds of insufficient evidence and errors of law, the statement must specify wherein the evidence is insufficient, and the particular errors relied upon, otherwise it must be disregarded on the hearing of the motion. Held, that if the statement on which such a motion was made does not make the specification required, the motion should be denied.</p> <p>Pleading.—The Overruling of a Demurrer to a Cross-complaint, which makes the issue identical with that raised by the original pleadings, does not prejudice the party demurring.</p>