Packer v. Doray

Citations

• 4 Cal. Unrep. 297
• 34 P. 628
• 1893 Cal. LEXIS 1135

Syllabus

<p>New Trial—Amendment of Notice.—Code of Civil Procedure, section 659, subdivision 4, provides that where a motion for a new trial is made on the minutes of the court, and errors of law are relied on, the notice of motion must specify the errors relied on, and “if the notice do not contain the specifications .... the motion must be denied.” Held, that where the notice does not contain the required specification, it is radically defective, and cannot be amended by adding new specifications after the time for filing it has expired, and if it is so amended, by leave of the trial court, after such time has expired, the specifications will not be considered on appeal.</p> <p>Quieting Title.—Where Defendant in an Action to Quiet Title Disclaims as to part of the land, it is not error for the court to dismiss the action as to such part, instead of giving plaintiff judgment therefor, as such judgment would be merely formal, under Code of Civil Procedure, section 739, which provides that “if the defendant in such action disclaims in his answer any interest or estate in the property .... the pláintiff cannot recover costs.”</p>