O'Neil v. Dougherty

Citations

• 47 Cal. 164

Syllabus

<p>Stipulation as to Filing Statement.—A stipulation made on the day that a statement, on motion for a new trial, should be. filed, “that the foregoing constitutes a true and correct, engrossed and settled statement, * * * *, hereby waiving all informalities in respect to filing and service of the same,” does not justify the moving party in neglecting to file the statement for five months after the date of the stipulation.</p> <p>Idem.—In such case, the right to move for a new trial is waived by the neglect to file the statement.</p>