Pierce v. Birkholm

Citations

• 110 Cal. 669
• 43 P. 205
• 1896 Cal. LEXIS 532

Syllabus

<p>Appeal—Order Granting New Trial—Effect upon Judgment—Dismissal.—Although a valid and subsisting order granting a new trial, which remains in full force and effect, operates to set aside the findings and judgment, yet where an appeal is taken from the order granting a new trial, it suspends the operation of the order, and pending such appeal the judgment remains subsisting for the purposes of an appeal therefrom, as if no order for a new trial had been made, and an appeal from the judgment cannot be dismissed upon the ground that it was vacated by the order granting a new. trial.</p> <p>Id.—Effect of Reversal of Order.—The reversal of an order granting a new trial leaves the verdict and judgment standing.</p>