Neale v. Depot Railway Co.

Citations

• 94 Cal. 425
• 29 P. 954
• 1892 Cal. LEXIS 702

Syllabus

<p>New Trial—Motion upon Minutes of Court—Notice of Intention— Specifications. —Where a motion for a new trial is made upon the minutes of the court, upon the ground of insufficiency of the evidence or for errors of law occurring at the trial, the motion must be denied if the specifications required by the fourth subdivision of section 659 of the Code of Civil Procedure have not been made in the notice of intention to move for a new trial.</p> <p>Id. — “Notice of Motion” — Construction of Code — Specifications in Notice of Hearing. —The “ notice of motion ” referred to in subdivision 4 of section 659 of the Code of Civil Procedure is the same as the “notice of intention to move for a new trial,” mentioned in subdivision 1 of that section; and a party moving for a new trial upon the minutes of the court, who has failed to make the required specifications in his notice of intention to move for a new trial, cannot cure the defect after the expiration of the time for giving notice of his intention to make the motion by giving an additional notice that he would “bring on for hearing his motion for a new trial,” and annexing thereto a formal motion for a new trial, together with specifications of particulars in which the evidence was insufficient and of the errors of law relied upon.</p> <p>Husband and Wife — Community Property — Damages for Personal Injury to Wife. —The right to recover damages for a personal injury, as well as the money recovered as damages, is property, and may be regarded as a chose in action; and if acquired by the wife during coverture, is community property, which the husband has the right to control.</p> <p>Id. — Action for Injury to Wife — Joint Judgment.—In an action by husband and wife to recover damages for a personal injury to the wife, judgment may properly be rendered in favor of the husband and wife jointly.</p>