People v. City of Oakland

Citations

• 123 Cal. 145
• 55 P. 772
• 1898 Cal. LEXIS 1000

Syllabus

<p>Action for Usurpation of Franchise—New Trial Order—Appeal— Dismissal.—An appeal lies from an order granting or refusing a new trial in an action for the usurpation of a franchise, brought under the provisions of section 803 of the Code of Civil Procedure; and a motion to dismiss such appeal must be denied.</p> <p>Id.—Action against City—Question of Boundaries—New Trial.— The fact that the action is against a city, and that the proceedings for changing the boundaries of the city were involved therein, cannot alter the nature of the action, or affect the right to move for a new trial therein, upon any questions of fact involved in the case, or for errors of law which may have occurred at the trial.</p>