Moore v. Kendall

Citations

• 121 Cal. 145
• 53 P. 647
• 1898 Cal. LEXIS 865

Syllabus

<p>Motion for New Trial—Dismissal of Proceedings—Loss of Statement— Negligence.—It is the duty of the party moving for a new trial to present the proposed statement, and the amendments thereto not agreed to, within ten days after receipt of the amendments to the judge for settlement, or to deliver them to the cleric of the court for the judge; and where neither of these courses were pursued, and a hearing for settlement of the statement was postponed from time to time, and the statement was lost for want of proper care in its safekeeping, the moving party is not blameless for its loss; and where no explanation was given of his delay to obtain settlement of a substituted statement, it is not an abuse of discretion in the judge to dismiss the proceedings for a new trial on the ground that they had not been prosecuted with reasonable diligence.</p>