Odd Fellows' Sav. Bank v. Deuprey

Citations

• 66 Cal. 168
• 4 P. 1173
• 1884 Cal. LEXIS 718

Syllabus

<p>Pbactice—Motion bob a New Tbial—Sebving and Eimng Statement— Motion to Dismiss.—The jurisdiction of a court to hear and determine a motion for a new trial may be called into exercise, either by a submission of the motion, or by a motion to deny and dismiss the motion for want of prosecution, upon the ground that the party moving for a new trial failed to serve or file his statement, or other moving papers, within the time ailowed by law. The order of the court upon the hearing of this motion is final and conclusive, and it is not erroneous to dismiss or deny a subsequent motion to set it aside.</p> <p>In.—Appeal—Motion to Set Aside Order Inadvertently Made.—An order granting or refusing a new trial, made after a regular submission of the motion, can only be reviewed on appeal. It is otherwise, when such order has been inadvertently or prematurely made. In the latter case, the order may be set aside on motion.</p>